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(영문) 서울중앙지방법원 2017.12.21 2017고단6593
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 5, 2017, the Defendant complained of a pain on the part of the National Medical Center of the National Medical Center located in Jung-gu Seoul, Jung-gu, Seoul, 245, and refused to provide medical treatment without any justifiable reason after being transmitted to the 119 emergency medical service staff members, and caused the disturbance to escape from a disturbance, which led to the emergency patients being treated by the security guards C belonging to the Seoul Central Police Station B of the Seoul Central Police Station, and led them to a scambling of police officers and first-aid staff members, who were in his place, and were urged to escape from a disturbance and return home.

In order to continuously prevent Defendant C from interfering with emergency medical services due to the Defendant’s continued failure, the Defendant saw the Defendant out of the medical center and corrected the entrance, and committed assault against the said C, by entering the medical center outside of the above medical center, stating that “I sing off the police, sing away from the death of the dead,” and putting the Defendant “C’s breath, sing off, and sing off the breath by hand.”

As a result, the defendant interfered with the legitimate execution of duties concerning emergency medical measures by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes concerning investigation reports (related to visual images);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. In order to establish the legal order of the country with reason for sentencing under Article 62(1) of the Criminal Act and eradicate the light of the public authority, there is a need to strictly punish a crime obstructing the performance of official duties, and the fact that the defendant has been punished several times for violent crimes is disadvantageous.

However, the following facts are considered: (a) the Defendant led to the instant crime; (b) there is no record of punishment more than a suspended sentence; and (c) the Defendant’s age, sex, environment, family relationship, means and consequence of the instant crime; and (d) the various sentencing conditions indicated in the instant pleadings, such as the circumstances after the instant crime.

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