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(영문) 대구지방법원 2016.02.18 2015고단2096
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On April 22, 2015, the Defendant in violation of the Punishment of Minor Offenses Act was found to be under the influence of alcohol in the police box located in Daegu Northern-gu C, Daegu-gu, and was working in the situation E at the place of the police box, and the Defendant died, who died of the flap.

'Before doing the bath, the disturbance for the revocation of the week for about 20 minutes was boomed, and the police box continued to take a bath by continuously talking around 50 minutes, and the police box, which is a public office, was revoked without good cause.

2. On April 22, 2015, the Defendant obstructed the performance of official duties, as in the preceding paragraph, went to the F 119 Safety Center, which is in part of the D police box, and went to the F 119 Safety Center in front of the D police box.

The Defendant: (a) discovered the Defendant’s blood transfusion to the Defendant’s home at the Daegu G fire station 119 first-aid staff; (b) took the bath that H would take into account in order to treat the Defendant’s back to the Defendant’s home; and (c) assaulted the Defendant, i.e., the Defendant’s chest left-hand side and faced with the first-aid vehicle.

Accordingly, the defendant interfered with the legitimate performance of official duties for emergency treatment of 119 emergency medical service personnel.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. Each police statement made to H and E;

1. The duty of a police box, and the report on internal investigation (Attachment, etc. to the victim, the suspect, and the defendant) / [a] the defendant denies the crime by asserting that he did not interfere with H while carrying out his speech at the police box as stated in the facts charged, or that he did not assault him while taking a bath. However, according to the consistent statement of the witness E and H, according to the consistent statement of the witness E and H, it is sufficiently recognized that the defendant avoided the disturbance at the police box under the influence of alcohol and obstructed the performance of official duties by assaulting H with the 119 emergency crew members.]

Application of Statutes

1. Relevant Article of the Punishment of Minor Offenses Act and Article 3(3)1 of the Punishment of Minor Offenses Act (the point of issue in the official document and the selection of fines) against the crime, Article 136 of the Criminal Act.

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