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(영문) 서울중앙지방법원 2015.01.09 2014고단7466
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was unable to recover KRW 100 million leased to K which operated the cafeteria of Gangnam-gu Seoul, Gangnam-gu, and H located building in Seoul, and the Defendant: (a) on January 18, 201, the Defendant terminated the lease contract on the ground of the rent delay of K, etc.; (b) was rendered a favorable judgment by filing a lawsuit seeking the delivery, etc. of the said building; (c) as K removed from the said building, it was impossible for K to recover even some of the KRW 100 million, the Defendant illegally occupied the said building.

1. On July 20, 2012, the Defendant committed the crime of July 20, 2012: (a) around 15:00, at the above building owned by creditor F; (b) at the Seoul Central District Court’s enforcement officer L, etc., sought compulsory execution of real estate delivery pursuant to 2012 and 4385 applied by the above F; and (c) at the above L, etc., the Defendant confirmed whether he had been in the house, where he was in the house, where he was in the house, where he was in the house, where he was in the house, where he was in the house, where he was in the house, and where he was in the house, where he was in the house, and where he was in the house, where he was in the house, and where he was in the house, he could not be absolutely in this place until he received the money in this place, and, at the bar of the Defendant’s body, he could not be able to kill the above L. 5 days or more.

Accordingly, the defendant interfered with the legitimate execution of execution officer L who is a public official.

2. The Defendant committed the crime of October 24, 2012: (a) around October 24, 2012, prepared, in advance, at around October 24, 2012, several persons, including the Seoul Central District Court Execution Officer L, to deliver real estate for the said reason in order to enforce compulsory execution; and (b) enter the inside of the building to the door of the building.

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