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(영문) 서울서부지방법원 2019.08.14 2019고단27
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant of special obstruction of performance of official duties is a person who, from October 13, 2016, occupies and operates “D” stores located on the second floor of the same commercial building as “C” located on the second floor of Seodaemun-gu Seoul, Seodaemun-gu, Seoul from around October 13, 2016, without any particular title, and E receives 82% of the shares in the above B building and 72.7% of the shares in the land and acquires ownership finally by paying the total purchase price on or around December 15, 2017.

The defendant shall leave the above E from December 20, 2017 to several times.

At around 10:30 on May 14, 2018, when refusing to comply with the Gu, on the basis of the Seoul Western District Court G and H real estate delivery order, F enforcement officers of the Seoul Western District Court attempted to deliver to the Defendant based on the Seoul Western District Court G and H real estate delivery order, and 20 members of I (maly funeral and open merchants' meetings) prevent the front of the commercial building, and after fixing and installing two large containers at the entrance, the enforcement officer threatened F of the defective gasoline that he intends to talk with the Defendant's body.

Accordingly, the defendant shows multiple power, thereby obstructing the execution officer's legitimate execution of duties concerning the delivery of real estate.

2. On May 2018, the Defendant damaged property: (a) was melting the five entrance doors of the said commercial building owned by the victim E in order to resist the order of delivery of real property; (b) was able to use the entrance by installing a steel frame at the one entrance; and (c) was written off on the outer wall and the entrance of the commercial building in a paint.

Accordingly, the defendant damaged the victim's property and harmed its utility.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each legal statement of witness J and E;

1. A protocol of examination of part of the defendant by prosecution;

1. The first police statement to E;

1. Statement of impossibility of delivering real estate;

1. On-site photographs;

1. Opinion of the complainant and agent;

1. Part concerning the submission of evidential materials and damage to the B building;

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