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(영문) 서울동부지방법원 2016.06.16 2016고단1151
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 15:10 on April 11, 2016, the Defendant sent an emergency patient to the Gangseo-gu Seoul Metropolitan Government Emergency Hospital, which was sent to the scene after receiving an emergency report from 119 emergency department stores in front of the modern department stores in Gangdong-gu, Seoul, to the victim C (52 tax) and the victim D (32 tax) on the same day by the first 15:20 on the same day by the first 15:20 on the day.

피고인은 같은 날 15:30 경 위 강동 성심병원 응급실 내에서 피해자들이 위 병원 간호사에게 피고인을 인계하려고 하던 중 환자 이송용 들 것 위에 누워 있다가 일어나려고 하는 피고인을 바닥에 떨어지지 못하도록 몸을 붙잡는 것을 보고 갑자기 피해자 C의 팔을 무릎으로 치고 오른쪽 발로 피해자의 목과 턱 부분을 각 1회 씩 걷어차고, 옆에서 이를 말리는 피해자 D의 왼쪽 목 부분을 무릎으로 1회 찼다.

As a result, the defendant interfered with legitimate performance of duties of the victim C and the victim D's first-aid activities who are fire-fighting public officials dispatched for first-aid activities without any justifiable reason, and at the same time, the victim C and the victim D respectively put about multi-faceted typists in need of two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to C or D;

1. Investigation reports (related to the performance of fire-fighting and emergency medical services) and application of each injury diagnosis report Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 257 (1) of the Criminal Act (the point of injury), Articles 50 subparagraph 1 (c) and 16 (2) of the Framework Act on Fire Services (the point of obstructing the activities of fire fighters) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order has a record of criminal punishment several times due to violence, and is sentenced to a fine due to a crime of obstructing the performance of official duties.

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