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(영문) 수원지방법원 성남지원 2016.02.03 2015고단2648
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 8, 2015, the Defendant reported 119 on July 17:0, 2015, B 5, Sungnam-gu Seoul Special Metropolitan City “C on the ground that the head of drinking alcohol takes place, and thereafter, reported at that time, to E, such as fire fighting officials D, who were the first-aid crew members dispatched after receiving a report at that time, without any special reason, set the transition (13 cm: 13 cm, 11 cm in hand) to the above D, etc., and set the knife to its floor, and continuously set the knife D, etc., which would result in the discharge of the knife across several times, the Defendant cannot request the above D, etc. to take a prescription, and demand D, “the above D,” upon receiving a prescription, to give it to the hospital.

“I ambling off the rash and is not a public official of this D;

If a public official is free from office, whether it should be free from office

M. M.W. M.C.

The term "high sound and brupted the shoulder of the D above five times by hand.

Accordingly, the defendant, carrying dangerous articles, assaulted the above D who is a public official in charge of rescue and relief duties, and threatened E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of the police seizure protocol statutes;

1. Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Options of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under Acts: From January to June; and

2. Scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment], the basic area (six months to one year and four months) (no person subject to special sentencing] of the types of Class 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties).

3. Determination of sentence: The sentence shall be determined like the order, taking into consideration all the sentencing conditions shown in the pleadings of this case, such as six months of imprisonment, the fact that the defendant for two years of suspended sentence is divided into his own crimes, and that he does not have the same criminal record;

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