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(영문) 대구지방법원 서부지원 2018.07.05 2018고단631
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

No one shall interfere with rescue operations and emergency medical services activities of emergency medical services personnel without justifiable grounds.

그럼에도 피고인은 2018. 3. 8. 00:30 경 대구 달서구 B에 있는 식당 앞 도로에서 주취자가 많이 힘들어 보인다는 119 신고를 받고 출동한 대구 서부 소방서 119 구급 대 소속 지방 소방 교 C이 D 병원으로 후송하자 구급차 안에서 “야 이, 씨발 자슥아, 개 자슥아, 호로 자슥아. ”라고 욕설을 하고, C의 몸과 머리 부위를 수회 발로 찼다.

Accordingly, the defendant interfered with rescue activities of the first aid crew without justifiable reasons, and at the same time interfered with the legitimate execution of duties of the fire fighter concerning rescue operations and first aid.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against C;

1. CCTV images;

1. Application of Acts and subordinate statutes governing the place of emergency medical services activities;

1. Articles 28, 13 (2) (a point of interference with rescue operations and emergency medical services) of the Act on 119 Rescue and Emergency Medical Services and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason for sentencing choice of sentence of imprisonment with prison labor has reached the second trial date, and is against the time of the instant crime, and the fact that the Defendant deposited for the victim is favorable.

However, the defendant has been repeatedly punished several times for committing similar crimes, such as violation of the Punishment of Violences, etc. Act, interference with the performance of official duties, etc.

In particular, the Defendant was sentenced to a suspended sentence of one year and six months on June 29, 201 to a violation of the Punishment of Violences, etc. Act, and was sentenced to a suspended sentence of two years on July 14, 2014. On October 21, 2016, the Defendant was sentenced to a suspended sentence of two years on August 21, 201, and was sentenced to a suspended sentence of two years on June 25, 201, and was sentenced to a suspended sentence of two years on January 25, 2017.

The defendant has been sentenced to imprisonment.

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