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(영문) 서울서부지방법원 2015.09.24 2015고정17

공무집행방해

Text

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

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

Reasons

Punishment of the crime

The defendant is a driver of the CM7 car, and D is a local contract public official working in Eunpyeong-gu E.

On September 13, 2014, the Defendant discovered, under the joint signature of Eunpyeong-gu Seoul Metropolitan Government, 21:30, that the said car parked at the bus stops in front of 27-gil 22, the Defendant issued a control string on the ground of violating parking regulations, and prevented the lawful performance of official duties by the enforcement officer of the enforcement officer, such as: (a) he saw the crackdown on the ground that “I have set up a control string toilet with his female,” even though he vindicates that “I have set up a control string,” and “I Ga Ga Ga Ga Ga Ga Ga.”

Summary of Evidence

1. Each legal statement of witness D and F;

1. The defendant's statement of D (in light of the series of processes in which the defendant made a noise, brusing, taking a bath, tightly and assaulted by a public official in charge of the control of violating parking regulations, the defendant's assertion that the defendant's act does not constitute an assault or that it does not go against social norms is without merit. In addition, the reason that the public official in charge of the control process removes and listed the control strawer attached on a vehicle by a public official in charge of the control process alone, it cannot be deemed that the public official in charge was not justifiable, and therefore, the argument that there was no legitimate execution of official duties is without merit).

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

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

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;