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(영문) 서울남부지방법원 2018.12.13 2018고단4782
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 9, 2018, around 23:18, the Defendant was used on the floor of drunk in front of the Defendant’s house of the first floor of the Yangcheon-gu Seoul building B, Yangcheon-gu, Seoul. On the 119 report, the Defendant expressed a bath to the said D, etc. of fire officers D, E, and F working for the Yangcheon Fire Station C, who were called upon upon receipt of a 119 report, in order for the Defendant to capture the Defendant to move into the house, and put the arms to the said D, while putting the arms on the front of the head of the above D, and displayed the said F.

After that, the defendant got aboard the above D et al. and prevented the defect about to leave the above place and caused about 30 minutes to not depart from the place.

The Defendant assaulted fire officers D, etc. to interfere with the rescue and first aid activities of fire officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E, F, and D;

1. A written statement;

1. Photographs (the details and result of the 112 Declaration), the list of reported cases in the 112 Declaration, and each report on internal investigation (the internal investigation of a reporter);

1. Application of Acts and subordinate statutes to investigation reports (verification of black stay images);

1. Article 136 (1) (the point of obstructing the performance of official duties) of the Criminal Act in relation to facts constituting an offense, Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services (the point of obstructing fire-fighting and emergency medical services) of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes and selective punishment (Punishment of a punishment provided for in a violation of the Framework Act on Fire Services concerning D, the largest punishment between crimes, and punishment among crimes, and choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment shall be determined by comprehensively taking into account the details of the crime with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act and the degree of interference with fire-fighting and first-aid services as a result thereof, the liability of the crime is heavy, the defendant has a majority of criminal offenses committed by violent crimes, the defendant's age, sexual behavior, environment, etc.

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