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(영문) 서울중앙지방법원 2014.11.28 2013고정4394
공무집행방해등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 15, 2013, from around 17:00 to 18:45, the Defendant obstructed the labor inspector’s legitimate performance of official duties by threatening the labor inspector FF, who taken the Defendant’s actions, to “I would see the dead tank.”

2. On May 15, 2013, the Defendant, at around 23:00, has to observe the relevant documents with the entrance door opened at the above labor improvement guidance 1 and the office room, until the investigator in charge of the case he/she filed a complaint, and the charges of the indictment of the H of the safety management head of the G building, the Defendant, from the head of the G building safety management team and the building manager K, is out of the outline of the indictment.

In light of the facts acknowledged by the witness K’s partial statement and the contents of the arguments by the defendant and his defense counsel, the outline of eviction from the above H, unlike the written indictment, is stated in the indictment.

Recognizing the facts of the crime that the Gu received, the basic facts are identical, and the defendant's right of defense is also guaranteed. Thus, the facts of the crime are modified ex officio without following the amendment process of indictment.

- Justifiable evictions

Even after receiving the Gu, the Gu did not comply with the withdrawal for about one hour.

3. Around 18:30 on May 20, 2013, the Defendant attempted to intrude into the above labor improvement guidance 1 and the office without permission, but the entrance was corrected and the entrance was opened so as not to be opened, and the security devices, which are the corrective devices installed at the entrance, are separated from the entrance, and the electric wires are cut down.

Accordingly, the defendant intrudes on a structure, and at the same time, things used by public offices.

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