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(영문) 의정부지방법원 2013.12.06 2013고단3769

공무집행방해

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on October 27, 2013, the Defendant spits spit in the “D” Chinese restaurant located in Yangyang-si, which is operated by the Defendant, on the surface of the floor, and spits spit in the above C, while taking a bath to a restaurant employee, etc., after receiving a report of 112 that there is a customer who is taking a bath, and called out, he was asked about the payment of food expenses from the slope F of the Namyang Police Station E box called “I ambling, I ambling, I amb off, I am to the Defendant’s head,” and assaulted the inside part of the above F on the part of the Defendant’s head, thereby hindering the police officer’s legitimate execution of duties concerning maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to F and C;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act are imposed not only on the degree of damage suffered by police officers for the reason of sentencing but also on probation and community service in consideration of the fact that the accused reflects the crime, but also on probation and community service, in consideration of the fact that the accused has three same criminal records;