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(영문) 인천지방법원 2018.09.13 2018고단5290
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 7, 2018, the Defendant, at around C, in front of Chuncheon City, on May 23:10, 2018, recommended the Defendant to escape from the first-aid vehicle by a local fire officer E belonging to D, who was dispatched after receiving a report of 119, stating that “in the case of an emergency patient,” and assaulted the part of the head of the above E at one time by using the “this feasia” as “Absent feas.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reported cases and emergency relief of fire officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes for report on internal investigation (including the state of on-site mobilization and reasons for delaying report);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is likely to be socially criticized since it assaults fire officers who called out according to the Defendant 119 report and solicited them to escape from the first-aid vehicle for the escort of hospital, thereby obstructing the performance of their official duties. As such, the crime of this case is likely to cause harm not only to the body of fire officers who need to be transferred to emergency rescue activities but also to other rescue persons who need urgent assistance may not receive timely assistance.

In addition, the defendant has been punished three times due to the obstruction of performance of official duties or violence crime.

However, a fine is selected by taking into account favorable circumstances, such as the fact that the defendant's mistake and reflects the defendant's mistake, the fact that the defendant's friend was committed by somewhat contingently under the unstable trial that he reported 119 as he was under the influence of drinking while driving and traveling, and that the defendant's exercise of force is not severe but minor, and that the damaged fire officer expressed his intention not to punish the defendant.

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