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(영문) 서울중앙지방법원 2016.03.14 2016고정71

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 27, 2015, at around 11:00, the Defendant “A parking control civil petition center,” and “A civil petition response unit,” in (B) around 2015.

C listen to the phrase "Admony's written opinion issued by the Gu office's traffic guidance division and victim D (25 tax) of the social service personnel affiliated with the Gu office and on the fact of issuing a Stick for Violation of Motor Vehicle Parking Regulations" from the victim during the telephone call, "Admony's objection by stating the content of the objection in the written opinion attached to the Stack Stick," and "Admony's response by the victim"; and

In the case of death, the person responsible for death, the person in charge, and the person in charge "", and the person in charge were flabed by flabing the breath of the victim's blaps, and the flabing over the chest, and the flab caused the victim's injury, such as the left flab, which requires the victim's treatment for about two weeks

As a result, the defendant interfered with the legitimate performance of official duties of the victim, who is a social service personnel in charge of providing guidance on parking regulations under the direction of the head of C, and inflicted injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (verification of images submitted to the victim);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions concerning criminal facts;

(a) point of obstructing the performance of official duties: Article 136(1) of the Criminal Act;

(b) The point of injury: Article 257 (1) of the Criminal Act;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 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;