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(영문) 서울남부지방법원 2017.05.11 2017고단588

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:00 on December 12, 2016, the Defendant interfered with the legitimate performance of official duties of the victims who are parking public officials for about 30 minutes, such as: (a) the defect in the purpose of regulating the vehicle of the Category D D, which is used by the Defendant’s operation company in front of Yeongdeungpo-gu Seoul Metropolitan Government, by Yeongdeungpo-gu Office E and the victim F (54 years old); (b) G (58 years old), which is a public official for the control of parking; (c) the vehicle of the Yeongdeungpo-gu Office E and the head of Yeongdeungpo-gu; and (d) the vehicle of the above G, who intends to stick up the vehicle violating parking regulations, was dead and discarded; and (d) the victims were unable to board the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A criminal investigation report (attaching photographs, etc.);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act / [In the case where the degree of violence, intimidation, deceptive scheme, or obstruction of official duties is minor, it shall be taken into account that the defendant confessions himself/herself as to the crime of this case and is in profoundly against his/her depth, and that there are no same kinds of force. It is so decided as per Disposition for the above reasons.