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(영문) 수원지방법원 2017.09.21 2017노4677
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. In light of the fact that the crime of this case by the prosecutor’s appeal is not likely to obstruct the legitimate execution of duties of fire officials by assaulting the fire officers dispatched to the scene by the defendant upon receiving a report of 119, and thus, the punishment of the court below sentenced to the suspension of sentence of KRW 2,00,000 is too uneasible and unfair.

2. In the instant crime, whether the Defendant received Nice Report Telephone from a fire official dispatched to the site after receiving a report on 119.

On the other hand, the term "the beginning of a plant" refers to "the head of balth, the body is cut down several times, walking the bridge by cutting off the body of the defendant, the balthing fire officials F who control the defendant, etc., and obstructing the legitimate execution of fire officers' duties on life-saving and emergency treatment, by assaulting fire officers dispatched to the scene to assist the defendant, and thus obstructing the defendant. This is more likely to cause social criticism in terms of the fact that the people who need urgent assistance, beyond harming the physical harm of the fire officers who concentrate on structural activities, may suffer secondary damage that the people who need urgent assistance, are unable to receive timely assistance. The defendant did not properly reflect the errors up to the trial, and considering the motive and circumstances of each of the crimes of this case, the circumstances before and after the crimes of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character, behavior, environment, etc. as shown in the records and arguments of this case, the above assertion by the court below is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the defendant's criminal facts and evidence is the same as that of each corresponding column of the judgment below.

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