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 becomes final and conclusive.

Punishment of the crime

At around 14:20 on July 1, 2015, the Defendant demanded that the Defendant open a entrance for the execution of surrender, at the main point of "E operated by the Defendant in Mapo-gu Seoul Metropolitan Government D and the second floor", and the enforcement officer F, etc., who is a public official belonging to the Seoul Western District Court, open the entrance.

The Defendant did not comply with the public official’s demand to open the entrance for the above execution of the name tag, set the entrance door locked and set up a stove, which is a dangerous object that was prepared in advance, and obstructed the execution of the name tag by not later than 16:10 on the same day, when the execution officer, etc. enters the main place while setting up one plastic box containing a stoves inside the store with a stoves.

Accordingly, the defendant carried dangerous articles and interfered with legitimate execution of enforcement officers belonging to the Seoul Western District Court.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness G, H, I, and J;

1. Examination protocol of the accused by prosecution;

1. Each police statement to G and K;

1. Seizure protocol and execution clause;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Enforcement Rules to the position of executive officers);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The gist of the assertion is that there was no threat to an execution officer belonging to the court, etc. at the time and place of the ruling.

2. For the crime of obstruction of performance of official duties, the term "intimidating" means an act of notifying harm and injury with intent to cause fear to the other party, and the content of harm and injury so notified shall be the circumstances, surrounding circumstances at the time of the act, the offender's tendency