A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

[Basic Facts] Around September 1, 2016, the Defendant constructed illegal buildings within Seocho-gu Seoul Metropolitan Government Seocho-gu Seoul Metropolitan Government Seoul Seocho-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul Seocho-gu Office E (hereinafter “competent Gu office”) received an instruction for correction of the illegal act, but the Defendant was scheduled to remove the illegal buildings by administrative vicarious execution because it did not implement corrective measures.

[2] On September 29, 2016, the Defendant was forced to remove the illegal building from a public official of the competent authority and his/her fixed-term workers on the following grounds: (a) while he/she was forced to remove the illegal building under the aforementioned circumstances, he/she displayed a horizontal measurement belt (149cm in length, 20cm in thickness) which is a dangerous object at the removal site for the purpose of blocking the illegal building; (b) while he/she resisted and resisted, he/she was able to see the victim F (67cm in length) of the victim of his/her fixed-term worker at the competent authority once in part; and (c) dump of the victim’s fat.

Accordingly, the Defendant, by force, interfered with administrative vicarious execution by a person who works for a period period in the jurisdiction of the victim, and at the same time carried dangerous objects and inflicted injury on the victim, such as the left-hand side of the victim in need of medical treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police with regard to F;

1. A written statement;

1. A warrant for administrative vicarious execution, and a reply to inquiries about each fact;

1. The photograph of parts of the assault and the photograph of the assaulter;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with labor for a crime of interference with choose of punishment;

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 (the background of the instant case acknowledged by the foregoing evidence, relevant statutes, details and validity of a series of administrative dispositions, and the instant case.