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(영문) 서울서부지방법원 2014.10.28 2014고단2066
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

around 20:50 on June 25, 2014, the Defendant: (a) set up a stand stand in front of Mapo-gu Seoul, Mapo-gu; (b) obstructed the legitimate execution of duties of public officials in relation to the regulation of illegal occupation and occupation by assaulting D, who is a public official of Mapo-gu office, who was under the control of street occupation, to remove the stand stand; (c) sound D, “I am fy, I am fy,” and he cannot remove the stand stand; (d) he was laid down on the stand, fying, fying, fying, and fying, fyle display stand in front of the said stand to D, with D’s right shoulder, fying D’s right shoulder.

Around 17:50 on July 26, 2014, the Defendant: (a) was on the street store in front of Mapo-gu Seoul, Seoul; (b) while receiving a civil petition for the crackdown and being dispatched to the said place, the Defendant re-entered the handhouse at the said place despite E and F, a public official of the Mapo-gu office, who was dispatched to the said place, who was subject to a moving measure on the street, and who was dispatched to the said place; and (c) thereby interfered with the legitimate execution of duties concerning the removal measures on the road by the public official, in the process that the said E and F, carried the handhouse into the truck as part of the removal measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, G, E, and F;

1. Each police protocol of statement about D, E, and G;

1. Application of the Acts and subordinate statutes of G and E;

1. Article 136 (1) of the Criminal Act concerning the crime concerned (the point of obstruction of performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., no history of punishment for the same kind of crime, and the victims’ desire to take account of all the circumstances) of the suspended sentence (the scope of recommendation) [the scope of punishment] obstruction of performance of official duties.

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