beta
(영문) 수원지방법원 안양지원 2019.05.10 2018고단1649

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

In 2013, the Defendant received a summary order of KRW 5 million as a crime of violation of the Road Traffic Act (driving) and received a summary order of KRW 5 million on several occasions, and resisted against the police officer, and was punished as a crime of violation of the Punishment of Minor Offenses Act. On August 4, 2018, the Defendant was punished as a violation of the Punishment of Minor Offenses Act by committing a crime of violation of the Road Traffic Act. On August 4, 2018, the Defendant: (a) discovered the police officer of the B B in the B B B B in the B B B B B B B, and was fluening waste in the front of the B B B B B B B, and was subject to a notice of violation of the Punishment of Minor Offenses Act.

On August 4, 2018, from around 23:20 to 23:35, the Defendant: (a) taken a notice of violation of the Punishment of Minor Offenses Act on the roads in front of the B district located in Ansan-gu, Ansan-si; (b) at this point, D’s police officers belonging to B district-affiliated, who were under the influence of drinking driving, took a bath over about about 15 minutes, such as “I am soon fright, fright, d., why you will work at this place; (c) I am h.; (d) the Defendant took a walk toward the side of the first line along which D’s left shoulder flows; and (d) again took the Defendant as “A d. in the direction of India”, she took a flue of D’s chest by hand.

As a result, the defendant committed violence to police officers, thereby hindering police officers from performing their legitimate duties on the control of drinking driving and the maintenance of order.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution concerning D;

1. Application of the statutes governing field photographs, on-site CCTV images CDs;

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;

1. It is not good that the crime is committed by assaulting a police official on the grounds of sentencing Article 62-2 of the Criminal Act.

In recent five years, government offices were sentenced to several fines due to the violation of the Punishment of Minor Offenses Act by disturbing the principal cancellation.

However, most of the defendants committed crimes.