특수공무집행방해치상등
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On February 2, 2015, the Jung-gu Seoul Central Government Office set a zone for legitimate occupation and use of the street points in the C market by running the C market modernization project and granted permission to occupy and use the road. On the other hand, it started to control and guide the street points illegally occupied and operated by organizing the market environment improvement team.
The Defendant was granted permission to occupy and use miscellaneous images from the street store located in Jung-gu Seoul Metropolitan Government D for a period of several hundred and sixty years at the street store in Jung-gu, Seoul, and around February 2015, the head of the Gu in Seoul to operate the street store (4.68 square meters).
However, such a permitted area does not exceed half of the previous area occupied and used, and the defendant, despite the above permission to occupy and use the road, he stored the miscellaneous area exceeding the permitted area and performed funeral services.
As a result, the public officials belonging to the Jung-gu Seoul Metropolitan Government Office were exposed to voluntary maintenance, notification of imposition of administrative fines, compulsory maintenance, etc., and the public officials belonging to the Jung-gu Seoul Metropolitan Government Office were dissatisfied with the complaints.
1. 2015. 4. 16. 공무집행방해 피고인은 2015. 4. 16. 14:00경 위 노점에서, 서울 중구청 소속 공무원인 E, F이 피고인에게 ‘도로점용 위반사항 자진 정비 계고’ 공문을 전달하려고 하면서 불법으로 점용한 구역에 쌓아놓은 잡화 등을 자진 철거해 줄 것을 요구한다는 이유로, 위 공무원들에게 “단속만 해봐라. 가게에 신나(시너, 이하 ‘시너’라 한다)를 갖다 놨는데 시너를 뿌리고 죽여 버리겠다.”라고 소리치면서 앵글파이프를 들고 찌를 듯한 태도를 보이는 등 협박하였다.
Accordingly, the Defendant interfered with the legitimate execution of duties of public officials of the Jung-gu Seoul Metropolitan Government Office on road management and control.
2. On April 29, 2015, the Defendant has been engaged in obstruction of performance of official duties on the street store around April 14:00 on April 29, 2015, and the public officials described in the preceding paragraph are “the voluntary improvement of violations of road occupation” to the Defendant.