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(영문) 제주지방법원 2015.11.25 2015고단699
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The chairman of the C-Organization shall be the defendant.

[Attachment] On October 10, 2014, the D Construction Project Association planned and started construction works to build five units of the fourth floor size above the ground level, five units of the 4th unit, and H units of the 72 household size below the total floor area of 6,458 square meters on the site of Seopo-si, E, F, G9,407 square meters and land owned by the Ministry of National Defense, which are land owned by the Ministry of National Defense, and the total construction amount of 11.19 billion won.

However, around October 25, 2014, in the “J Measures” etc. where “C organization,” etc., opposed to I, installed without permission one, in the front of the entrance of the K-type, the part of the construction site, and the front road of the Sinpo City E and the K-type road, and occupied the said site and the road, and interfere with construction by blocking the passage of truck vehicles entering and leaving the construction site for construction.

On January 27, 2015, the Minister of National Defense delivered to the "C organization" (the head of the office N) a letter to the effect that two persons, including M, who belong to the D Construction Project Association, voluntarily remove all facilities, such as Mongoliancheon and compact rolling stock, installed on the construction site, which is State property under the State Property Act and the Administrative Vicarious Execution Act, by January 29, 2015.

However, the “C organization” did not voluntarily remove all facilities until the designated date in the said order.

The Minister of National Defense issued a warrant of vicarious administrative execution by designating the subordinate director of the D Construction Project Association as the officer in charge of vicarious administrative execution. On January 30, 2015, the D Construction Project Association presented the above warrant of vicarious administrative execution to the "C Organization" (N) and notified that it was scheduled to remove all the above facilities.

On January 31, 2015, those who dissent from the above construction are installed a steel net with a height of approximately KRW 5-7 meters above the roof of the compacter installed with the new wall on January 31, 2015, with the intention of obstructing the above administrative vicarious execution, and are on the south side of Mongoliancheon.

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