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(영문) 서울북부지방법원 2019.01.23 2018고단4018

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On August 2, 2018, the Defendant: (a) around 10:13, on the road in front of Dongdaemun-gu Seoul Metropolitan Government, and (b) the E Spart car parkeded by the Defendant to D (the 34 years of age) who is a public official of the Dongdaemun-gu Seoul Metropolitan Government Office C and the public official of the Dongdaemun-gu Office C (the 34 years of age) was subject to the regulation of the fine for negligence due to the violation of the prohibition of parking; (b) opened a driver’s seat of the vehicle belonging to the Dongdaemun-gu Office where the above D is located and collected a notice of the fine for negligence; and (c) opened the door of the vehicle belonging to the Dongdaemun-gu Office where D is located, and (d) closed the door that D intends to get from the vehicle belonging to the Dongdaemun-gu Office, and caused the above D’s bridge to face the car door.

Accordingly, the defendant interfered with legitimate execution of duties concerning the parking control of public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Photographs and hole photographs of the crackdownd vehicle;

1. Application of Acts and subordinate statutes on details of handling 112 Reporting Cases;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (In light of the fact that the defendant is against himself