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(영문) 인천지방법원 부천지원 2018.01.26 2016고단2748

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 15:50 on August 28, 2016, the Defendant interfered with the performance of official duties, while occupying the road in front of Busan City, B without permission, and operating a street store where he sells the garment, giving and receiving, etc., and living for the house, etc., the Defendant: (a) d and C team members, who are public officials belonging to C, desireed the said public officials; (b) d and C team members to remove the street store; (c) d and C team members, who were public officials belonging to C, d and d team members were able to take a bath; and (d) d’s fats and sats

Accordingly, the defendant interfered with legitimate execution of duties concerning the crackdown on the occupation of public officials and the arrangement of roads.

2. The Defendant injured by negligence, at the same date and time as indicated in the above paragraph (1), and at the same place as indicated in the above paragraph (1), was resistanceed to the crackdown on the street of public officials viewing the above side, and the Defendant’s house-to-house sales equipment of the Defendant and the wooden joint board were collected to the roads used by the general public, and the Defendant was faced with the victim E (80 years) who was a happy, where the Defendant was faced with the road where the general public used, and the Defendant was faced with the entrance that the victim could not know about the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Results of this Court’s verification of CDs (Handphone images);

1. Statement made by the police for E;

1. Investigation report (verification of Handphone images), investigation report (verification of Handphone images);

1. Application of Acts and subordinate statutes to photographs (Handphone images);

1. Relevant Article 136 of the Criminal Act and Article 136 of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 266 (1) of the Criminal Act (the point of causing negligence and the selection of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act against the provisional payment order (as to the crime of obstructing the execution of official duties)

1. Summary of the assertion

A. At the time of the instant crime, the Defendant did not wear a public official’s certificate.