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(영문) 서울서부지방법원 2019.05.09 2019고단776
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

1. No one shall obstruct the performance of fire extinguishment, lifesaving or first-aid services by assaulting fire fighters dispatched without justifiable grounds;

Nevertheless, around 20:55 on December 29, 2018, the Defendant reported to 119 on the ground that he was under the influence of alcohol from the stairs located in Eunpyeong-gu Seoul Metropolitan Government B, and accordingly, the Seoul E, a fire officer affiliated with C, a fire officer affiliated with the same fire officer D, and a fire officer affiliated with the same fire officer, arrived at the site according to the dispatch order, and was under his rescue, and was on the ambulances (e.g., 6-4).

피고인은 같은 날 21:10경 구급차 안에서 술에 취한 채 피고인의 외상상태 및 의식 여부를 확인하려는 D의 왼팔을 발로 걷어차고, 계속하여 옆에 있던 E의 얼굴 부위를 발로 걷어찼다.

Accordingly, the defendant abused fire fighters dispatched to interfere with emergency medical services, and at the same time interfered with the legitimate execution of duties of fire fighting officials on emergency medical services.

2. The Defendant: (a) arrested a flagrant offender under suspicion of obstruction of the performance of official duties on the grounds as stated in paragraph (1) and was escorted to the Seoul Bupyeong Police Station; (b) filed an appeal to the F. Special Police Officer of the 119 Metropolitan Investigation Team, who was called up for the investigation of a crime against the other fire fighter’s obstruction of the performance of official duties; and (c) the F.F. requested the second return to 119, he / she was on board the ambulances (e.g., 6-1).

On December 29, 2018, at around 23:25, the Defendant, while drunk in front of Eunpyeong-gu Seoul Metropolitan Government G in the first-aid vehicle, assaulted the face of the F.

As a result, the defendant assaulted a special judicial police officer to interfere with his legitimate execution of duties concerning the investigation of other crimes against fire fighters.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (related to the case transfer data of the Seoul Bupyeong Police Station) and data attached thereto;

1. Investigative reports (Submission of relevant data in cases interfering with fire-fighting activities) and materials attached thereto;

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