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(영문) 의정부지방법원 2015.02.12 2014고정600
공무집행방해
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged shall be organized and criminal facts shall be recognized:

At around 13:59 on July 11, 2013, the Defendant, at the residence of the Defendant located D 409 Do 2003 at Yangju-si, the Defendant assaulted, by hand, G who is an execution officer who is a public official, to enforce seizure of the corporeal movables owned by the Defendant under a notarial deed No. 701 of H General Law Firm No. 2004, 2004.

Accordingly, the defendant assaulted G who is a public official, thereby obstructing the execution of legitimate official duties on the execution of seizure of corporeal movables by the above execution officer.

Summary of Evidence

1. Each legal statement of witness G and F;

1. Statement to E by the police;

1. A copy of a notarial deed, or a protocol not to execute a seizure of corporeal movables;

1. Application of Acts and subordinate statutes to investigation reports (G and telephone communications);

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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