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(영문) 대전지방법원 2020.04.23 2020고단1019
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 15, 2020, at around 20:58, the Defendant committed assault, such as 637, the face of the above fire-fighting officer on one occasion, b, who is a fire-fighting officer belonging to the 119 emergency squad, sent the Defendant after receiving a report of 119 due to the Defendant’s head injury, etc., at the emergency room of the Daejeon Korea Workers’ Compensation and Welfare Service (Legally East Korea Workers’ Compensation and Welfare Service).

Accordingly, the defendant interfered with the legitimate execution of official duties of the fire fighter who performs emergency report processing affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Investigation report (portable video reading);

1. Application of up to two copies of photographs of victims and copies of identification cards of public officials;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not more than five years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. In light of the following circumstances: (a) the degree of assault committed by the Defendant to a fire-fighter is minor; (b) the Defendant is a primary offender who has no criminal records; and (c) the recognition of the instant crime and reflects it; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) the punishment as ordered shall be determined by taking into account the sentencing conditions stipulated in Article 51 of the Criminal Act, such as

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