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(영문) 수원지방법원 2015.6.18.선고 2015고정110 판결

공무집행방해(인정된죄명경범죄처벌법위반)

Cases

2015 High Court Order 110 Obstruction of Performance of Official Duties (Violation of Recognized Punishment of Minor Offenses Act)

Defendant

○○ Kim (64-years, South Korea), and non-permanent

Residential Suwon City

Seoul Nowon-gu

Prosecutor

Private soldier’s right (prosecutions) and public prosecutor’s right (public trial)

Defense Counsel

Attorney Cho Il-won (Korean Barun)

Imposition of Judgment

June 18, 2015

Text

A fine of KRW 300,00 shall be imposed on a defendant.

Defendant who converted the amount of KRW 100,000 into one day when the above fine has not been paid;

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Facts of crime

Defendant’s complaint was raised on the ground that the Defendant used the “Saeung-gu Library” of Young-gu, Young-gu, Young-gu, 2 years prior to the two-year period, but was scheduled to make a promise and wait for by the Nowon-gu Office of Nowon-gu;

A. On October 29, 2014: around 30: Around 17: (a) the head of the said library found the two comprehensive data room on the second floor; (b) the head of the said library was unable to use the two North Korea in the two data room for about one hour until around 18:30 of the same day; and (c) the library’s staff members were not allowed to use the three-story Nowon North Korea room; and (d) even if the head of the library, the head of the library, the employees’ office, and the sugar room were unfolded, the library was opened and attached to the two-story data room, on the ground that the said library’s office, etc. demanded that the Defendant comply with the Defendant’s demand, but the said library’s office, etc. opened the cell phone stamper phone and opened the phone 10 minutes of a large volume of telephone call, and failed to comply with the Defendant’s demand for consultation by the head of the said library, etc. on the grounds that they did not comply with the Defendant’s request.

B. From Oct. 30, 2014 to Oct. 13: 14: From Oct. 30, 2014: (a) between 00 to Oct. 30, 200, it is intended to find out how the library employees deal with the instant work, on the ground that “the use prohibition of Not North Korea is not detached, and the office of the director, staff, and sugar room, etc. is not opened.” From Oct. 30, 2014, it is intended to find out how much of the public officials of Grade VII working in the library and approximately 30 unspecified users are placed in the cell phone with a large amount of 5 minutes, and singing about 30 minutes, singkeium was sing down on the two-story comprehensive data room, so that 30 minutes, and singing about 30 minutes, so that 3 members of the Library’s office and other work, such as loan of No. 5, etc., were not interfered with, and 3 members of No.

Summary of Evidence

1. The legal statement of the witness in △△;

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement of this account;

1. Photographs;

1. Investigation report (in the face of 13 pages), 112 reported cases;

[ 목격자 진술이 일관되고 구체적인 점 , 피고인 스스로도 경찰에서 “ 도서관 직원들 이 어떻게 하는가 보기 위해 소리를 줄이지 않았다 , 도서관에서 코를 골면서 잠을 잘 경우 경찰관이 잡아갈 것인지 확인하기 위하여 흉내를 낸 것이다 " 라고 진술한 점 , 피 고인의 행위로 인해 도서관 직원뿐만 아니라 주위에 있던 일반 이용자들까지 불편을 호소한 점 등을 종합하여 보면 , 피고인이 판시 시립도서관에 대한 민원사항이 제대로 처리되지 않는 것에 불만을 가지고 직원들의 정당한 안내 등에 따르지 않은 채 일부러 짓궂게 스피커폰 상태로 큰 소리로 통화하거나 노트북 볼륨을 키우고 코를 골고 자는 듯한 행동을 함으로써 공무수행 중인 도서관 직원의 업무를 방해한 사실이 인정된다 ] 법령의 적용

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 3(2)3 of the Punishment of Minor Offenses Act, and Selection of Fines

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Equitable