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(영문) 대구지방법원 서부지원 2017.10.31 2017고단669
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 31, 2017, around 15:27, the Defendant requested C, a fire station member of the 119 Emergency Medical Service Corps, who was called up at the request of the Defendant in front of the Defendant’s office in Daegu-gun District, to take care of the patient at the request of the Defendant. However, the transfer of the patient to the medical care center was not an emergency, but an emergency call, and the transfer of the patient to the medical care center was refused, and the Defendant expressed a desire to “C’s face at once in drinking,” and obstructed the legitimate execution of duties regarding emergency treatment and emergency escort of the 119 Emergency Medical Service Members.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (the dispatch order of 119 emergency medical service workers and appendix of sound recording files);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is not good in that the Defendant requested the dispatch of an emergency vehicle for personal convenience, not in an emergency situation, and that it interferes with the duties of the 119 first-aid crew members in need of urgency, i.e., “emergency treatment and emergency escort” by refusing the above request and assaulting the 119 first-aid staff members seeking their return.

However, the sentence shall be determined as ordered in consideration of all the circumstances, such as the defendant's age, etc., taking into account the following factors: (a) the defendant's mistake is divided and reflects the defendant's mistake; (b) the defendant was sentenced to a fine for violent crimes in 1993, and there is no particular history of punishment;

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