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(영문) 광주지방법원 2016.03.31 2015고단4876
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Since around 2002, the Defendant has a dispute with the Korea Land and Housing Corporation as a matter of compensation for the land related to the residential environment improvement project in Nam-gu, Gwangju from around 2005, conducted one person demonstration in front of the Gwangju Metropolitan City Office, and filed a petition habitually.

A public official D(56) belonging to the Office of Gwangju Metropolitan City(56) became aware of the defendant in the process of treating civil petitions filed by the defendant around 2011.

On September 9, 2015, around 07:30, the Defendant assaulted the victim working on the 1111, Gwangju Metropolitan City, the 10th E office located in the room in Gwangju-gu, Gwangju-gu, and the 10th E office, stating that “I have a market interview and hold a market, Irre the market, Irre theme,” and assaulted the victim by using a transparent tape prepared in advance, so that Irre the Defendant’s body and the victim’s body can no longer be cut down several times.

Accordingly, the defendant interfered with legitimate execution of duties concerning correction duties of viewing public officials.

Summary of Evidence

1. D Legal statements;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Application of Acts and subordinate statutes to the scene of crime, and photographs of implements;

1. Relevant legal provisions concerning criminal facts, Article 136(1) of the Criminal Act of the choice of punishment, and the selection of fines (it should be criticized for the Defendant to commit the instant crime without being aware of the criminal facts having committed the same kind of suspended sentence, but it should be taken into account that the method and duration of the Defendant’s obstruction of performance of official duties are not excessive;

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

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