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(영문) 제주지방법원 2016.03.08 2015고단703
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the president of the Democratic Nowon-gu C Trade Union D branch.

[Based on the premise] On October 10, 2014, the E Construction Project Association planned to build five units of the fourth floor size above the ground level and one unit size of 72 households above the total size of 1,880,7605 square meters on the site of Seopoposi F, G, H 9,407 square meters and land owned by the Ministry of National Defense, which is the land owned by the Ministry of National Defense, and planned to build a new construction on the site of 1,880,7605 square meters above the total size of 7,340,000 won.

In this context, “K organization”, etc., to which the “J”, etc., opposed to the construction of “J”, etc. belongs, installed without permission one steel-frame tent, two personal-purposes, one motor vehicle for M Comcom, one drum studs, etc. at the front of the entrance of the LW site, which is part of the construction site of around October 25, 2014, and the front road, and occupied the said site and road, and interfere with construction by preventing the passage of trucks entering and departing from the construction site for construction.

On January 27, 2015, the Minister of National Defense delivered to the J (O) a letter to the effect that two persons, such as B, etc. of the E Construction Project Bureau, voluntarily remove all facilities, such as the instant steel tent and compact cars, installed on the said construction site, a state-owned property, pursuant to the State Property Act and the Administrative Act (hereinafter “State Property Act”) around January 27, 2015.

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

Therefore, the Minister of National Defense issued a warrant of administrative vicarious execution by designating sub-head P of the E Construction Project Bureau as Q. On January 30, 2015, the Ministry of National Defense presented the above administrative vicarious execution warrant to the “J” (O) and notified that the administrative vicarious execution was scheduled to remove all the above facilities.

On January 31, 2015, those who dissent from the above construction are installed with a steel dust of about 5-7 meters high from the roof of the compacter installed with the above unauthorized permission on the new wall on January 31, 2015, with the intention of obstructing the above administrative vicarious execution, and are on the south side of the steel tent.

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