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(영문) 서울동부지방법원 2016.07.07 2016고단220
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On November 20, 2015, around 11:30 on the street in Gwangjin-gu Seoul Special Metropolitan City, the Defendant was subject to the control on the ground that the Defendant dumped waste without permission by means of the Seoul Mine-gu D'E affiliated control personnel working for the crackdown on illegal dumping of waste.

The defendant was demanded from E to present an identification card, and the defendant was trying to do so without any permission by clarifying that there was no illegal speculation, and there was assaulting E's chest due to the removal of E.

Accordingly, the Defendant interfered with the legitimate execution of duties on the crackdown on illegal dumping of waste by public officials.

Summary of Evidence

1. The legal statement of the defendant E in part of the defendant;

1. Statement made by the police for E;

1. Determination on each statement, written confirmation of violation, manuals for crackdown on unauthorized Dumping, public officials' evidence, investigation report, on-site photographs and defense counsel's assertion

1. The assertion;

A. The Defendant was not influoring the chest of E. The Defendant was not influoring.

Defendant had a taxi door in the course of closing the taxi door.

The E was merely the excess.

B. The instant crackdown against the Defendant cannot be deemed lawful execution of duty.

Therefore, the crime of interference with the execution of official duties is not established.

2. Determination: I do not accept the above argument for the following reasons. A. At the time of the police investigation, E was “At the time of the police investigation, she has pushed down the lower chest by hand as her hand to control the taxi.”

In this Court, “I wish to see (taxies) I would like to see (taxies)” and “I would like to see (taxies) I would like to do so.”

“The statement was made to the effect that it was “.”

false interventions in the statements of such E

There is no circumstance to consider.

B. E is an illegal dumping against the Defendant, who controlled the Defendant under the pretext of the public official identification card, shown the above public official identification card to the Defendant at the time, and revealed that he was a public official, and E refers to the poster attached to the place where the Defendant dumped waste bags.

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