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(영문) 제주지방법원 2016.05.26 2015고정701
특수공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Based on the premise] On October 10, 2014, the C Construction Project Association planned the construction of a naval official residence in the size of four stories above ground and seven-two households on the site of Seopo-si, Seopo-si, E, Ffolding area 1,880,7605 square meters in total, and the total construction amount of 7.34,00 million square meters in total on the site of land owned by the Ministry of National Defense, which is the land owned by the Ministry of National Defense.

In this context, “H organization”, etc., where “G organization”, etc., opposed to the construction of “H organization, etc., belongs, has installed, around October 25, 2014, one steel tent at the front of the entrance of the construction site, which is part of the construction site, and the front of the road, in order to interfere with the construction of the Navy, and occupied the said site and the road without permission, and occupied the said site and the road, and interfere with the construction by blocking the passage of trucks entering the construction site for construction work.

Accordingly, on January 27, 2015, the Minister of National Defense sent to the G Organization (the head of office L) a letter to the effect that two persons, including K, etc., belonging to C Construction Project Association, voluntarily remove all the facilities, such as the said steel tent, compact tent, and compact rolling stock, installed on the said construction site, a state-owned property, under the State Property Act and the Administrative Vicarious Execution Act (hereinafter “State Property Act”).

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

Therefore, the Minister of National Defense designated M of the C Construction Project Bureau as an administrative agency responsible for administrative vicarious execution, and issued a warrant for administrative vicarious execution. On January 30, 2015, the C Construction Project Association presented the above administrative vicarious execution warrant to the “G Organization” (the head of the office L) 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 a steel dust with a height of about 5 to 7 meters above the roof of the compacter installed with the aforementioned unauthorized permission on the new wall on January 31, 2015, with the intention of obstructing the above administrative vicarious execution, and a height of approximately 1m on the south side of the steel framed.

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