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(영문) 의정부지방법원 2016.06.20 2016고단869
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 27, 2016, the Defendant spited off five times the face and head part of E in the direction of the police officer in charge, while waiting in order to undergo an investigation into the case of unfluoring a taxi at around 23:40 of the preceding day at the D District District located in Gui-si, Gui-si, Si around 00:05.

Accordingly, the defendant assaulted the above police officer, thereby obstructing the police officer's legitimate execution of duties concerning criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to A by the police;

1. The photograph of a victim's hand and the damaged police officer's photograph;

1. A report on investigation;

1. Application of CCTV image CD-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is inevitable to punish the Defendant, considering the fact that the Defendant spits, etc. in the face and head of the police officer, and the Defendant has a very bad character of crime, and the Defendant has a 13-time criminal history and has a seven-time criminal history due to assault, etc.

However, the degree of illegality of the act of spitation, the fact that the defendant forms a crime in this court, the defendant's age, sexual conduct and circumstances after the crime, etc. shall be considered to determine the punishment as ordered by taking into account all kinds of sentencing conditions that are disadvantageous to the defendant, such as the defendant's age, sexual behavior,

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