logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.07.23 2014고단3725
공무집행방해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a civil petitioner who files a civil petition with the Bupyeong-gu Military Administration.

On August 25, 2014, around 13:50 on August 25, 2014, the Defendant assaulted D, on the ground that D’s explanation, which is the head of the planning and audit office C, was “matha as math” in relation to the civil petition filed by the Defendant within the planning and audit office of Yangyang-gun, Yangyang-gun, Yangyang-gun, 200.

Accordingly, the Defendant interfered with the legitimate execution of public officials D in performing public duties on civil petition affairs.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Statement made to D by the police;

1. Partial statement of the police statement regarding E;

1. Investigation report (related to attachment of field photographs);

1. On-site photographs Defendant and defense counsel’s assertion, the Defendant and defense counsel asserted that, although there was a fact that the Defendant satisfeed the paper cups containing coffee on D’s infinite attitude, the Defendant did not have the intention of obstructing the performance of official duties, and thus, the Defendant was not guilty.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by this Court, i.e., the defendant asked D's face or body part, at least the upper part of D's body part, and it appears that the defendant has spreaded a coffee. Even if the defendant is assumed to have put a coffee on his client as alleged by the defendant, it is sufficient to recognize that there was a perception or prediction about the fact that a coffee can spread to D due to domination of its own behavior, and ii) the crime of obstruction of performance of official duties under Article 136 (1) of the Criminal Act is established by assault or intimidation against a public official who performs his duties, and thereby hindering the execution of his duties.

arrow