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(영문) 수원지방법원 평택지원 2014.10.23 2014고단1281
공무집행방해
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1. The defendant shall be punished by imprisonment with prison labor for five months;

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

Reasons

Punishment of the crime

On July 31, 2014, at around 21:30, the Defendant was under the influence of alcohol on the front side of “C” in Pyeongtaek-si B, and received a notice of payment of the first ordinary criminal penalty from a police box affiliated with the Gyeong-gu Police Station D police box called up after receiving 112 reports, and a police officer issued a notice of payment of the first ordinary criminal penalty.

However, the Defendant laid down the above notification form on the ground floor, and the above police officers issued the Defendant a second notice of payment of penalty for the “act of dumping waste, etc.” to the Defendant, but again issued the Defendant a second notice of payment, and the police officers again issued a third notice of payment of penalty for the “act of dumping waste, etc.” to the Defendant.

Accordingly, the defendant assaulted the above E's chest with the floor of hand, and interfered with the police officer's performance of duties concerning the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. Application of Acts and subordinate statutes to a report on investigation (related to a notice to pay minor penalties);

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

1. The suspended sentence provided for in Article 62(1) of the Criminal Act is a confession of the crime with the reason for sentencing under Article 62(1) of the same Act, the fact that the confession does not constitute the same crime, the fact that there is no record of punishment exceeding the fine, and the fact that there is no record of punishment exceeding the fine, and the punishment shall be determined as ordered in consideration of the age, character and conduct

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