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(영문) 인천지방법원 2019.07.11 2019고단2565
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 3, 2019, at around 22:50, the Defendant parked the Defendant’s DNA car in the exclusive lane of the fire-fighting vehicle located in the front of the C Safety Center located in Seo-gu Incheon, Seo-gu, Incheon, and the fire-fighting officials E belonging to the C Safety Center imposed an administrative fine on this. As the victim E faces with his/her hand, he/she displayed his/her shoulder as he/she would be at the face of the victim E with his/her hand, she was tightly displayed, sealed the victim E’s shoulder with his/her hand and her clothes. On the other hand, the Defendant continued to have the victim F, who is a fire-fighting official belonging to the C Safety Center, taken the Defendant’s act as a mobile phone image, and continued to have the victim F, who was a fire-fighting official belonging to the C Safety Center, carried the victim’s body as his/her cell phone image, and caused the victim G, who was a fire-fighting official belonging to the C Safety Center, to restrain the Defendant.

As a result, the Defendant committed violence against fire officers, thereby obstructing the legitimate execution of duties on ensuring emergency vehicle traffic routes within the 119 Safety Center.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, G, and F;

1. Application of Acts and subordinate statutes to investigation reports (information on records by time zone);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (i.e., confession and reflect, the degree of violence is not serious, and the punishment of a fine was imposed once for the same kind of crime in 2017, in addition to the punishment of a fine, considering the fact that there is no previous one);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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