beta
orange_flag(영문) 서울서부지방법원 2014. 10. 8. 선고 2014고단1573 판결

[공무집행방해][미간행]

Escopics

Defendant

Prosecutor

Freeboard of Reasons (prosecution) and decoration (public trial)

Defense Counsel

Attorney Park Jong-soo et al.

Text

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

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Criminal facts

On May 2, 2014, at the first floor of the Anti-Corruption and Civil Rights Commission located in Seodaemun-gu Seoul ( Address omitted) around 16:20, the Defendant: (a) filed a civil petition on the ground that the Defendant did not properly handle the work during the civil petition process; (b) “I do not have to promptly handle the work; (c) I do not have to meet the chairman of the people’s rights and interests; (d) I want to get the elevator to rest with the chairman of the people’s rights and interests; and (e) I and Non-Indicted 2 and Non-Indicted 1 (the Non-Indicted 1) who are public officials under the jurisdiction of the Republic of Korea and the management support of the Anti-Corruption and Civil Rights Commission (the Non-Indicted 2 and the Non-Indicted 1) prevented Non-Indicted 2 and Non-Indicted 1 (the Non-Indicted 1) from executing the civil petition by impairing the floor of Non-Indicted 1 (the Non-Indicted 1) with his name and selling beyond the upper floor of the Non-Indicted 1 (the Non-Indicted 2).

Summary of Evidence

1. Each legal statement of the witness Nonindicted 2, Nonindicted 1 (the Nonindicted Party on Board), and Kim U.S.

Application of Statutes

1. Article applicable to criminal facts;

Article 136(1) of the Criminal Code

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Selection of Fines

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

It is so decided as per Disposition for the above reasons.

Judges Barn Jae-chul