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(영문) 서울중앙지방법원 2013.08.28 2013고단2907
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On November 18, 201, the Defendant was sentenced to imprisonment with prison labor and six months at the Seoul Central District Court on the grounds of obstruction of performance of official duties, etc. on November 18, 201, and completed the execution of the sentence at the Sungsung Vocational Training Prison on February 19, 2013.

2. Around 02:30 on May 25, 2013, the Defendant requested a police officer, who is a police officer belonging to the Gwanak-gu Police Station D District Unit called up, to stop the ambulances on the ground that the body of the police officer was cut off on the road in front of Gwanak-gu, Seoul Special Metropolitan City.

피고인은 위 경찰관들의 연락을 받고 현장에 도착한 관악소방서 관악119안전센터 소속 소방공무원 G로부터 외상이 없어 응급후송 대상이 아니라는 이유로 후송을 거부당하자, 출동한 구급차량에 무단으로 탑승하여 10여분간 “씨발 놈들아 왜 병원에 후송을 시켜주지 않냐, 씹새끼야, 창녀 씹구멍에서 나온 짭새 새끼들아”라며 소리를 지르는 등 난동을 피웠다.

The Defendant committed assault, such as spitation, spitation, etc., on the face of F while taking a bath, following the Defendant’s appeal by E and F, on the first-aid vehicle’s defect, i.e., spitation, flaf’s guard, etc.

As a result, the Defendant interfered with the legitimate execution of duties concerning F's 112 reporting duties and the protection of a host, a police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. The police statement concerning F;

1. G statements;

1. Storage CDs with video recording of mobile phones;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and current status of personal confinement;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. The judgment on the Defendant’s assertion under Article 35 of the Criminal Act among repeated crimes was made by the police officers F, etc., and the Defendant committed an assault against the Defendant’s arms and snow, and the instant case occurred in the course of resisting the Defendant, the F’s performance of official duties is illegal or illegal.

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