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(영문) 창원지방법원 2013.09.25 2013고단1073
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

Around 15:15 on April 14, 2013, the Defendant: (a) took alcohol at the “C” restaurant located in Kimhae-si, Kim Jong-si, and took the face of another customer; (b) took a spit, spit, etc., and requested a police officer E to present an identification card from a police officer E who belongs to the Kimhae-gu Police Station D District of the Kimhae-gu Police Station, which called “this spit spit spit spit spit spit spit spit spit sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat s.”

Accordingly, the defendant interfered with the police officer's 112 mobilization duty and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The execution of a sentence of this case shall be suspended only once, considering favorable circumstances, such as assaulting a police officer, who was dispatched by the defendant on the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act, and the poor quality of such crime is committed, and the fact that the defendant committed the crime of this case without being aware of the past record of having been punished for obstruction of performance of official duties even in 2009, which is disadvantageous to the defendant, or his mistake, and the degree of assault against a police officer is not excessive.

It is so decided as per Disposition for the above reasons.

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