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(영문) 서울남부지방법원 2018.07.05 2017고단6548
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 11, 2017, at around 00:55, the Defendant: (a) on the street in front of the exit of the digital short-term area No. 4777 (Guro-dong), the Gu located in Guro-gu Seoul Metropolitan City, and (b) on the street prior to the exit of the digital short-term area No. 2, the Defendant: (c) received an emergency rescue report and prevented a fire officer C belonging to the Yeongdeungpo Fire Station B of the Yeongdeungpo Fire Station B of the Military Safety Center, and the first-time vehicle on which D are being called, from a first-time vehicle, and prevented the Defendant from sending the first-time vehicle to the site by spreading it and preventing the first-time vehicle from sending to the site.

Accordingly, the defendant prevented the emergency rescue activities of the first-aid crew by blocking the front of the first-aid vehicle without any justifiable reason.

Summary of Evidence

1. Each legal statement of the defendant and witness D;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to a report on investigation (related to the treatment of a suspect's upper part), a report on investigation (related to the upper part of the suspect's upper part), a report on investigation (related to the victim's investigation), a report on investigation (related to the submission of a dispatch order), a dispatch order, a report on investigation (related to the submission of a suspect's statement, etc.), a report on investigation (related to the submission of a suspect's statement

1. Relevant legal provisions concerning the crime, Articles 28 and 13 (2) of the Act on Rescue and Emergency Medical Services, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order (the selection of a sentence, suspension of execution, etc.) is that the defendant is not less likely to commit a crime in light of the circumstances leading up to the failure of the defendant to dispatch between about 10 minutes by again getting off to the roadway and preventing the front of the ambulances, even though the defendant was obstructed in front of the ambulances dispatched for rescue operations and emergency medical services and moved to India by a fire official who fell from the vehicle.

Although it is recognized that the defendant was in need of medical treatment at the time, it cannot be justified to obstruct the dispatch of the first-aid vehicle in force only by that fact (a statement at the stage of investigation as to the circumstances in which the defendant suffered a wound under the threshold and this is also a favorable normal material.

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