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(영문) 서울남부지방법원 2017.10.11 2017고단3036
공무집행방해
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 11, 2017, around 13:50 on May 11, 2017, the Defendant (hereinafter referred to as the “Defendant”), at the D community service center located in Yeongdeungpo-gu Seoul Metropolitan Government, leading the public officials who work there under the influence of alcohol to the boxes

While he/she was rejected, he/she was able to take a big bath, and he/she was assaulted by the victim's face at once, such as drinking, when he/she was the competent officer of the D community service center, E ( South, 31 years of age) who belongs to the welfare of the D community service center.

Accordingly, the Defendant interfered with the legitimate execution of duties regarding the social welfare of public officials.

Summary of Evidence

1. Legal statements from witnesses E and F;

1. The defendant asserts to the effect that he/she did not take the victim’s hummatic photo (the defendant did not take a bath or hump any disturbance and did not assault the victim.

However, the testimony of the witness E and F is sufficient to believe, and according to this, the fact of assault can be recognized.

In addition, the defendant asserts that the entrance of the defendant to the Dong office where the entry of the general public is permitted is not a legitimate execution of official duties.

However, since the office, entrance, corridor, etc. of the office building of the government office is open to the general public during business hours, it is possible for the general public to enter or stay.

Even if the general public needs to enter or stay in the office, etc. of the government office in order to view it as a normal official business, and thus, it is only permitted by the manager of the government office with comprehensive and implied consent from the general public. Therefore, even if access or stay in the office building of the general public is permitted, entry or stay for other purposes exceeds the scope of the general and implied consent as it exceeds the scope of the foregoing comprehensive and implied consent, and thus, the manager may not enter or stay without permission from the general manager, and the manager may prohibit or restrict such person’s entry or stay.

The defendant will bring the tasks to the staff of the Dong office at the time.

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