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(영문) 대구지방법원 2016.01.07 2015고단5634
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On September 15, 2015, 05:13 around 05:13, 2015, the Defendant: (a) reported that there was a person who does not have the drinking value within C amusement centers located in Daegu Suwon-gu B; and (b) the circumstances leading up to the D District of the Suwon Police Station called up upon receipt of a 112 report, E “I have the intention or ability to pay the drinking value.”

"............. the Defendant faced the right shoulder of the above-mentioned E with the left shoulder of the Defendant, the Defendant refused to present an identification card, and the Defendant spite twice on the face of the circumstances E, thereby obstructing the police officer’s legitimate execution of duties concerning the dispatch of reports.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written statement;

1. A copy of a certificate or work site of a police officer (the defendant is faced with the shoulder of a police officer, and spits or spits on the face of a police officer do not memory the police officer;

section 3.

B. At the time of the accident, the police officer’s statements and was assaulted by the Defendant at the time of the accident;

In full view of F’s statements, such as the facts of the crime in the judgment of the defendant, the spit of spit of the above E two times against the left shoulder and the face of the above police officer is sufficiently recognized.

Application of Statutes

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] There is no person who has the basic area (from June to April 1) (the person who has been subject to special sentencing) (Article 62(1) of the Criminal Act) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1)) (Article 1) (Article 62(1)) (Article 1 of the Act on the Suspension of Execution of Official Duties) (Article 62(1) (Article 62(1)) (Article 1 of the Act on the Suspension of Execution) (Article 62(1)) (Article 1 of the Act on the Suspension of Execution of Official Duties) (Article 62(1) (Article 62(1)

Any other matter.

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