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(영문) 수원지방법원 2019.01.17 2018고단3728

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that 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

At around 23:10 on March 29, 2018, the Defendant: (a) obstructed the Defendant’s identity and the circumstances of the instant case; (b) obstructed the Defendant’s escape while refusing to answer; (c) obstructed the Defendant’s performance of his/her duties by having the Defendant arrested a flagrant offender from E, etc., on the ground that he/she was under the influence of alcohol, while driving a direct bus from Seoul to B University; and (d) he/she was under the influence of alcohol to the neighboring passengers; and (d) the police officer, etc. of the Dong-dong Police Station D police box, which was allowed to board the bus, sent to the said bus after receiving 112 report, and tried to check the Defendant’s identity and the circumstances of the instant case; and (d) the Defendant, etc., refused to comply with the request by E, etc.; and (e) refused to comply with the request by E, etc.; and (e) during the process of arresting a flagrant offender by having the police officer arrested him/her, etc. by committing the instant act.

Summary of Evidence

1. Each legal statement of E and F;

1. Statement to E by the police;

1. A written statement;

1. Notification of a department related to reporting 112 cases;

1. Application of each Act and subordinate statute to field photographs, bus booms images, CDs, video CDs (passenger images);

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act that is disadvantageous to the defendant: (a) the reason for the sentencing is unfavorable to the defendant: (b) the nature of the crime is inferior in light of the criminal circumstances and contents, such as booming the bath, etc. inside buses, and taking the bath and assault against the police officer called out, etc.; (c) the police officer, who was called out, also took a bath and assault in buses, etc.; (d) the crime of assault was punished in 2014; and (d) even in 2017, he was committed as a crime of assault, but he was committed as a crime of assault, but he was subject