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(영문) 서울북부지방법원 2018.10.18 2018고정486
공무집행방해
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

On November 01, 2017, the Defendant visited the third floor B and office of Nowon-gu, Seoul Special Metropolitan City Nowon-gu, Nowon-gu, Seoul Special Metropolitan City Nowon-gu, for the purpose of confirming the civil petition processing filed by himself, and contacted with the public official C, on the ground that the Defendant was smelled at C’s entrance, and assaulted the victim’s chest on one occasion with the hand floor.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning civil petition handling by public officials.

Summary of Evidence

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

1. The criminal place;

1. Investigation report (investigation related to video images reproduced on the basis of victim or suspect's statement);

1. Application of Acts and subordinate statutes to the investigation report (in relation to the change of rate in the name of the crime);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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 of the Provisional Payment Order [The defendant and his defense counsel argued that the defendant did not assault the victim, but considering the above evidence, it is acknowledged that the defendant was satisfe of the victim's chest, and the criminal intent in the obstruction of the performance of official duties is a public official performing his duties, and the criminal intent in the obstruction of the performance of official duties is an assault or intimidation against the other party (refer to Supreme Court Decision 94Do1949 delivered on January 24, 1995, etc.). In full view of the above evidence, the above evidence of this case revealed that the defendant was a public official in the Nowon-gu Office B of the Seoul Special Metropolitan City where the victim filed a civil petition, and that the defendant was satisf of the victim's chest without blocking or moving the victim to the victim without moving, and in light of this, it is evident that the defendant who is a public official has clearly a type of intent to exercise the victim's body.

Since the intention is seen, the defense counsel denies the intention.

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