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(영문) 수원지방법원 안양지원 2017.09.28 2016고단2091
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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

[criminal records] The Defendant was sentenced to a suspended sentence of one year on October 28, 2016, for the crime of injury in the support for the development of the Suwon method, and the Defendant was sentenced to a suspended sentence of one year on November 5, 2016.

[2] On August 27, 2016, from around 11:07 to around 11:45 of the same day, the Defendant: (a) expressed his desire to “D hospital located in Ansan-gu C” in front of the “D hospital located in Ansan-gu, Ansan-si” in the 119 first-aid vehicle; (b) expressed his desire to the first-aid service crew E, F, and G, “scams and scams to go home,” and assaulted the first-aid service crew members at their lower demand, such as “B you go back to go home,” etc.; and (c) taking the cell phone towards the said first-aid service members.

Accordingly, the defendant interfered with the 119 first aid activities of the 119 first aid crew, and at the same time interfered with the legitimate execution of duties concerning the rescue and emergency activities of the first aid crew.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report of investigation (Attachment, etc. of Judgment) and application of the statutes governing the judgment;

1. Articles 28, 13 (2) and 13 (1) of the Act on 119 Rescue and Emergency Medical Services concerning the crime, Article 136 (1) of the Criminal Act

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

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for sentencing under the suspended sentence - Unfavorable circumstances: The instant crime was committed despite having been committed several times of punishment due to interference with the performance of official duties or violence, etc., and the nature and circumstances of the crime are not good in light of the nature of the crime and its details, etc. - There is no record of punishment exceeding the fine prior to the instant case - Other circumstances: the equity between the case where the Defendant was sentenced simultaneously with the offense for which the judgment became final and conclusive.

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