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(영문) 서울동부지방법원 2021.02.18 2020고단3701
공무집행방해등
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

From September 2020 to around 1 month, the Defendant was a person who dumpeded in the front of the building in Songpa-gu Seoul Metropolitan Government for an illegal camping street room.

At around 14:00 on October 6, 2020, the Defendant refused to execute the administrative vicarious execution by 3 persons, such as the victim B (the remaining, 43 years old), etc., who are public officials of Songpa-gu Office urban planning and D team, by removing the facilities installed at the night store in which the Defendant was installed, and he was not able to reduce the body of the victim, and was able to be able to write off the side gate and the saw by hand.

As such, the Defendant committed assault against the victim, thereby interfering with the legitimate execution of official duties on the illegal occupation and vicarious execution of public officials belonging to Songpa-gu Office, and at the same time, caused the victim to be affected by the diagnosis and injury of the climatics, side glass, which require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each statement of E and F;

1. Application of the Acts and subordinate statutes on diagnosis of an injury, or photographs of an injury;

1. Article 257 (1) and Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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;

1. Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the scope of liability for damages is not clear, as the applicant has agreed upon);

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