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Reasons
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(영문) 부산지방법원 2014.04.17 2014고정61
공무집행방해
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Defendants shall be punished by a fine of one million won.

If the Defendants did not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. At around 19:50 on June 8, 2013, Defendant A: (a) on the street in front of the “EM store” located in Busan Jin-gu, Busan; (b) on the ground that F, a public official belonging to the Busan Jin-gu, controlled only his/her vehicle without regulating the vehicle, Defendant A, who was in charge of the administrative support of the Busan Jin-gu Office and the control of parking and stopping, prevented Defendant A from taking pictures by cutting off the F-owned mobile phone on which his/her photograph is stamped to regulate the violation of parking.

Accordingly, Defendant A interfered with the legitimate execution of duties concerning the control of violation of parking and stopping by F who is a public official of the Gu office.

2. Defendant B, at the time and place specified in paragraph 1, intended to control the vehicle in front of his/her vehicle and obstructed the vehicle by a public official belonging to the Busan Jin-gu Office.

Accordingly, Defendant B interfered with the legitimate execution of duties concerning the crackdown on the violation of parking and stopping regulations in G who are public officials of the Gu office.

3. Defendant C was under parking control at the time and place described in paragraph (1) and at the same time sealed her pro-friendly arrest Defendant B and the trial cost, thereby having obstructed G one time as a wall.

Accordingly, Defendant C interfered with the legitimate execution of duties concerning the crackdown on the violation of parking and stopping regulations in G who are public officials of the Gu office.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to police statements made to F and G;

1. Relevant provisions concerning criminal facts and the Defendants’ choice of punishment: Article 136 (1) of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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