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(영문) 창원지방법원 2018.05.11 2018고단669
공무집행방해
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 18, 2018, the Defendant was at around 19:10, in front of the C District, and around C District B, while under the influence of alcohol, the Defendant was unable to get on and off the emergency vehicle owned by the 119 Safety Center without any particular reason. However, the Defendant was required to get off the vehicle from D, a police officer belonging to the 119 Safety Center, who was requested to take a main measure against the Defendant by the fire officer belonging to the 119 Safety Center.

Defendant 1 committed violence at one time against the above demand by walking the chest part of the police officer's chest, and with the hand floor, the above police officer's blick at one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the protection of the lives, bodies, and property of the people.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes governing mobilization;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant: (a) aboard the 119 first-aid vehicle, which ought to be put in rescue operations and first-aid activities for those in an emergency, without justifiable grounds; and (b) refusing the vehicle; and (c) obstructing the performance of official duties by assaulting the police officer who solicits the mother and the child to get out of the 119 rescue operations and first-aid services; and (d) obstructing the legitimate performance of official duties, and therefore, (c) such act is not good

However, the defendant reflects his fault in depth.

It seems that the mental illness suffered from ordinary pains, such as severe stress in occupation and depression, is affected by this case.

The degree of damage is not much serious.

Until now there have been no criminal conviction or suspended execution.

A family with a family member to be supported can also be considered as a favorable situation.

In addition, the sentencing conditions such as the defendant's age, sex, environment, circumstances, and circumstances after the crime are considered comprehensively.

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