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(영문) 서울중앙지방법원 2017.01.17 2016고단4553
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 May 17, 2016, the Defendant: (a) around 14:20 on May 17, 2016, at the Seoul Jongno-gu Office of Education located in Jongno-gu Seoul Metropolitan Office of Education 206; (b) among the practical negotiations between the Seoul Office of Education and the Seoul Office of Education between the Seoul Office of Education and the regular conference of school expenses, D was not present at the negotiating representative of the Office of Education; (c) took a bath, and followed the book; and (d) for E who is a public official of Grade D D6 of the Seoul Office of Education of Seoul Metropolitan City, E, who is a public official of Grade D6 of the Seoul Office of Education, interferes with the legitimate performance of duties concerning the practical negotiations of E, which is a public official

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. The defendant's defense counsel's defense counsel's assertion of the damage photographic counsel argues that the negotiation of the organization of this case does not fall under the official duties and does not fall under the authority of the E, and therefore, the obstruction of the execution of official duties does not constitute a crime of interference with the execution of official duties. However, in the obstruction of the execution of official duties, the "execution of official duties" does not necessarily require public authority, and is widely handled by public officials, so the negotiation of the organization of this case also constitutes official duties. ② Although the general affairs division of the Seoul Office of Education is in charge of the negotiation of the organization of this case, D participates in the negotiation of the organization of this case as the competent department, and E participates in the negotiation of the organization of this case as a public official belonging to D with the main contents of the negotiation of the organization, such as wages, etc., as the public official of the head of the education administration team of the above team as the representative of the above team, the participation in the negotiation committee of this case as a negotiating member of the organization of this case cannot

In addition, the defendant's defense counsel argues that the defendant's act does not violate social norms, but the circumstances of the crime of this case.

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