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(영문) 광주지방법원 2020.02.06 2019고단4323
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 20, 2019, the Defendant: (a) around 06:14, around the Defendant’s house located in Gwangju Northern-gu, and received a report from the Defendant 119, and (b) the victim D (the age of 31) who is a fire official belonging to the Gwangju Northern Fire Station C119 Safety Center (the age of 31) decided the Defendant as a non-emergency patient under the influence of alcohol, and attempted to obtain a written confirmation of refusal of transfer; (b) the victim’s face is taken once a drinking, and the victim’s face is obstructed the legitimate execution of duties concerning the handling of the reported case 119, and at the same time, the Defendant inflicted injury on the victim, such as damage to cry that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to damaged photographs and diagnostic instruments;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act on probation and community service order is committed by assaulting a police officer in uniform, obstructing the performance of official duties and causing bodily injury, and thus, the nature of the crime is inferior, the damage recovery to the damaged public official is not performed, the crime of obstruction of performance of official duties not only has the record of having been sentenced to a fine of KRW 1.5 million, but also has the record of being punished several times due to violent crimes, such as the fact that the damaged public official has committed mistakes and mistakes, the fact that the damaged public official was not exposed to serious injuries, and the fact that the damaged public official has not been exposed to serious injuries, and other circumstances of the crime, etc

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