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(영문) 대전지방법원 2016.09.06 2016고단1889

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant shall be a restaurant employee.

1. On April 27, 2016, the Defendant: (a) around 12:45 on April 27, 2016, at the C restaurant located in Seo-gu Daejeon, Daejeon, without any reason, obstructed the Defendant’s operation of the cafeteria by avoiding disturbance over about 20 minutes, such as spiting spits in front of the brine and interfering with cooking activities, which are employees of the victim D (n, 39 years of age) who take down spits in front of the brine and work in the brine.

2. The Defendant, upon receiving a report at the above date and at the above place, suspended a disturbance and demanded a police officer F to return home at the Daejeon Police Station E-district, the Defendant: (a) sent a bath to F; (b) threatened a person with snow as he did with his fingers; and (c) interfered with the police officer’s legitimate performance of official duties concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing of Article 62(1) of the Criminal Act on the suspension of execution are as follows: Article 62(1) of the Act on the Suspension of Execution of Official Duties (Scope of Recommendation) and Article 62(1) of the Act on the Suspension of Execution of Duties (Scope of Recommendation) and Article 62(1) of the Act on the Punishment of Second Crimes (Interference with Duties) that have no basic area (6 to 1 year and 4 months) [Scope of Recommendation Sentence] [1] and Article 1 (Interference with Duties] and the mitigated area (1 to 8 months] [including special mitigation] and Article 62(1) of the Act on the Punishment of Specific Crimes (including efforts to recover damage): From June to 18 (Determination of Sentence] are not less than the degree of violence against the police officer of the defendant; the defendant is against the victim; the defendant is not subject to an agreement with the victim; there are no criminal records subject to punishment beyond a fine; the circumstances leading up to the instant crime; the Defendant’s age, character,