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(영문) 수원지방법원 2017.11.16 2017고단5638
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant, around August 5, 2017, around 10:19, around the “C” convenience stores located in Osan-si B.

“” shall encourage the Defendant, who is a local fire fighter D and the local fire fighting team E, a member of the Osan Fire Station, who was called upon the report of the contents, to treat the hospital, and the above fire fighters “s are growing up and grow up by weather and booming them, by taking the body under the influence of alcohol on the emergency vehicle.

“The fire-fighting boat E was able to take a cellular phone on the chest of the fire-fighter E, and the fire-fighting boat D was blicked once by emitting the fire-fighter D.

Accordingly, the Defendant interfered with the legitimate execution of duties of fire officers concerning the handling of 119 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and D;

1. A report on internal investigation (on-site conditions, etc.);

1. Application of Acts and subordinate statutes to investigation report (F Telephone Investigation);

1. 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;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the sentencing of the instant crime on the grounds of Article 334(1) of the Criminal Procedure Act is not good in light of the method and content of the instant crime for sentencing, considering the following factors: (a) the Defendant’s mistake is against the Defendant; and (b) the Defendant has no record of punishment for the same kind of crime and has no record of past conviction exceeding the fine; and (c) otherwise, the Defendant’s age, sexual conduct, environment, details of the crime, circumstances after the crime, etc., and the sentencing conditions as indicated in the pleading are determined as ordered by taking into account

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