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(영문) 춘천지방법원 2016.05.10 2015고단789
업무방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 17, 2014, the Defendant: (a) around 09:25, at Switzerland-si, the Defendant: (b) obstructed the Defendant from setting up the Defendant’s car at the entrance of the said land in order for the enforcement officer of the Chuncheon District Court to compulsorily remove or replace the plastic facilities installed by the Defendant on the said land; (c) obstructed the Defendant from entering the entrance of the said land by setting up the Defendant’s car at the entrance of the said land; and (d) threatened the victim of suicide by taking a string off the door of the said vehicle, she was seated at the seat of the said vehicle and she was able to turn off the gasoline on the Defendant’s body and turn off the gasoline and turn off the gas.

2. On March 11, 2015, around 09:10 on March 11, 2015, the Defendant, at the same place as Paragraph 1, D, who is an executive officer of the said plastic house, proposed to enforce the second compulsory removal or replacement with respect to the said plastic house facilities, and threatened the defective parts with the desire to spread the second compulsory removal or replacement with respect to the said plastic house facilities, and threatened them “picks to show the second industrial situation.”

Accordingly, the defendant interfered with the legitimate execution of compulsory execution by the above enforcement officer who is a public official.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of a witness F in the third public trial records, and entry of a witness D in the fourth public trial records;

1. Statement not to remove each real estate;

1. Each photograph;

1. Application of Acts and subordinate statutes to investigative reports (referring to submission of written judgments and decisions on alternative execution and reports);

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures

1. With respect to intimidation listed in paragraph 2 of the judgment on the summary of the argument, D, the enforcement officer at the time, was not entirely opened, which does not constitute intimidation in the crime of interference with the performance of official duties, and therefore does not constitute a crime of interference with the performance of official duties in this part.

2."Intimidation" means intimidation in interference with the execution of official duties.

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