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(영문) 인천지방법원 2016.08.25 2016고단4370
공무집행방해
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a “F Federation” G who operates a street store with the trade name “E” from the name of the Nam-gu Incheon Metropolitan City C Group.

1. On May 12, 2016, from around 05:40 to around 06:20 of the same day, the Defendant, at the street in front of the road for one-way removal of the removal of the illegal road by the Nam-gu Incheon Metropolitan City urban landscape and by J, a public official of the Republic of Korea, started, the Defendant obstructed a public official’s legitimate performance of official duties, such as preventing access road with the Defendant’s access road installed with the street store with the vehicle for the K Spopo Road owned by the Defendant, and collecting removal goods loaded on the removed vehicles belonging to the Nam-gu office of the Nam-gu, Incheon Metropolitan City on the road.

2. On May 16, 2016, at around 09:50 on May 16, 2016, the Defendant: (a) entered the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, in order to tow the illegal o-point vehicle by a towing vehicle; and (b) extracted the key of the towing vehicle and demanded the Defendant to return the key to the Defendant “a request to return the key” by double hand, and obstructed the Defendant’s legitimate execution of duties, such as the illegal towing of the o-point vehicle by a public official.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J and M;

1. A copy of the complainant's protocol, on-site photograph, or book of enlightenment;

1. Application of the Acts and subordinate statutes governing field video data CDs;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of a selective fine for punishment (such as the fact that public officials M sought the Defendant's preference, the fact that the Defendant acknowledges and reflects his fault, and the fact that he supports his family, including those who have old-age and disability);

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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