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(영문) 서울중앙지방법원 2018.11.22 2018고단3040
공무집행방해등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the head of E organization (hereinafter referred to as “E organization”) as a person operating a street store in front of D in Seoul, and Defendant B is the chairperson of E organization.

1. Defendant A

A. On August 24, 2017, around 08:30 on August 24, 2017, the Defendant invadedd a structure: (a) went to the office of the head of the H headquarters, which was managed by the head of the Gu of H in Seoul, by the head of the Gu; (b) disregarding the public official’s proposal before the head of the H office, as part of the display of complaints related to I’s display of traffic points; and

Accordingly, the Defendant invadedd on a structure managed by the head of the Gu.

B. From August 28, 2017, the Defendant, at around 13:30 on August 28, 2017, indicated the complaints related to the crackdown at the fourth floor office located in G G, the fourth floor of H Gu office located in Seoul, and served in that office.

I assaulted the face of J as a member of the public official.

2) On November 28, 2017, around 14:00, the Defendant, who was a public official in the process of carrying out the administrative vicarious execution on an illegal street store before Seoul K, Hagu Office I head L, who was a public official, used in the process of carrying out the administrative vicarious execution on an illegal street, used the flaps and used the chest.

Accordingly, the Defendant interfered with the legitimate execution of official duties on the crackdown on illegal occupation of public officials.

2. Defendant B

A. On November 28, 2017, the Defendant interfered with the performance of official duties, committed an assault, such as the Defendant, at around 14:00, who was a public official, who was in the process of administrative vicarious execution before D in Seoul, pushed the H Gu Office I Team L, which was a public official in the process of administrative vicarious execution.

Accordingly, the defendant interfered with legitimate execution of duties concerning the crackdown on illegal occupation of public officials.

B. The Defendant committed assault, on the date and time stated in the above paragraph (a) above, and at a place where the Defendant had taken the victim M who was taking a tight face of L, by taking the victim’s head scam and scaming the victim’s head scam.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of witness M and L;

1. Statement made by the police with respect to the N;

1. Application of Acts and subordinate statutes on data to be submitted by the accusers after completing DVD and closures;

1. Relevant provisions of the Act concerning facts constituting the crime;

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