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(영문) 수원지방법원 평택지원 2018.04.19 2017고정614

공무집행방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 23, 2017, at around 10:0, at the temporary roads established by Pyeongtaek-si Do-dong 44-5, the Defendant: (a) installed a pen in a state where there is a dispute over road use and parked cars; (b) as public officials, including the Defendant, and D, including D, who are the team leader of the above C, do not have to have their own intent with regard to pents removal, movement, parking, etc. as a matter of parking cars, the Defendant did not go through mutual consultation; (c) he pushed the shoulder of the above D in a sudden hand; and (d) after approximately 20 minutes, he tightly sealed the shoulder of the said D in another hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the construction of Pyeongtaek-si roads and the management of roads by public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;