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(영문) 서울서부지방법원 2017.11.15 2017고단2312
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above 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 May 18, 2017, the Defendant: (a) around 07:36, the 119 first-aid vehicle moving to the Mancheon University Hospital located in 59, Yongsan-gu, Seoul, Yongsan-gu, Yongsan-gu, Seoul, in front of the building; (b) “A person seated in front of the C building, who is faced with the front of the C building,” upon receiving a report from 112; and (c) while getting on and moving along the ambulances along with E with the police officer belonging to the D Zone called up, without any justifiable reason under the influence of alcohol.

“I am on the top of the left side of E, and made once a drinking.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F and E respective legal statements (the victimized police officers and members of the first-aid service team have consistently been pricesed by the defendant from the investigative agency to the hospital in transit of the ambulances;

On the other hand, the Defendant stated that, while he was under the influence of alcohol at the time of committing the instant crime, he was the victimized police officer in the course of coercioning the first-aid vehicle.

The reason why the injured police officer, while moving to a hospital, has been deprived of his arms, has been unsatisfed with the first-aid police officer, etc., and the situation is unsatisfed with the first-aid police officer, etc., and credibility is recognized in the statement of the injured police officer, etc.

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that a police officer who was on board an ambulances was assaulted to rescue the defendant by taking the uniform for sentencing under Article 62(1) of the Criminal Act, and the nature of the crime is not good, there is a record of punishment several times due to the same and similar crimes, and there is no serious reflect while denying the crime.

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