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(영문) 대전지방법원 2018.08.13 2018고단896
공무집행방해등
Text

A person shall be punished by imprisonment with prison labor for not less than two months and by imprisonment for not more than two months for a crime set forth in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of six months of imprisonment with labor for a special injury at the Daejeon District Court on November 6, 2017, and the judgment became final and conclusive on November 14, 2017.

[Criminal facts]

1. On September 22, 2017, the Defendant interfered with the performance of official duties, at D’s residence located in Daejeon Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, with a 119 first aid report, and was dispatched to the Daejeon-dong fire station 119 first aid, E (42 tax) of the fire officer affiliated with the 119 first aid squad (S).

The Defendant, which stated that he will bring to the hospital, and caused the Defendant, which is maintained up to the floor, to “119 to fright, to fright, and to 112 to fright,” to the victim;

C. E. E. H. H. H. H.

(zc)"and assaulted the victim's left right hospit by force on one occasion on his part;

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the 119 first-aid report processing by the above fire fighter.

2. Around March 18, 2018, the Defendant publicly insultingd the victim by stating that “I ambling, bitching, bitching, bitching, bitching, bitching, bitching, bitching, bitching, bitching, bitching, bitching, bitching,” and “I ambling, bitching, bitching, bitching, bitching, bitching, bitching at the G restaurant located in Daejeon-gu, Daejeon.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, E, and I;

1. A written accusation and a written complaint;

1. Each investigation report and report on the results of investigation;

1. Previous convictions in judgment: Inquiry about criminal history and application of two-dimensional Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code [the scope of recommendations] [the scope of recommendations] and the mitigated area (one month to eight months) (i.e., interference with the performance of official duties and coercion of official duties] [the person who has been specially mitigated].

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