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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
Criminal facts
At around 11:20 on January 6, 2015, with respect to civil petitions filed by the neighboring building owner E from a public official in charge of civil petition service of the Korea Civil Service Office in C, the Defendant: (a) conducted surveys over five times, but was confirmed not to have infringed on the boundary; and (b) sought explanation that the civil petition filed by the Defendant against the Anti-Corruption and Civil Rights Commission and the Ministry of Land, Infrastructure and Transport was not acknowledged as a violation of the boundary; (c) the Defendant stated that the above E is “whether the land is not the same as the land for the Korea Civil Rights and Civil Rights Commission, such as the owner of the land; (d) whether the owner of the land deducted the land according to the intention of the owner of the land; and (e) whether the owner of the land was spawned with the flash, and that part below the above E was flashed with sawk.”
As a result, the defendant interfered with the legitimate execution of duties related to the civil petition affairs of public officials, and at the same time, the victim E (the age of 43) needs to be treated for about two weeks.
Summary of Evidence
1. The defendant's partial statement in the third protocol of trial;
1. Legal statement of witness E;
1. A complaint;
1. A medical certificate;
1. Application of the Acts and subordinate statutes governing bodily injuries;
1. The point of obstruction of performance of official duties by relevant legal provisions on criminal facts: Article 136 (1) of the Criminal Act: Article 257 (1) of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on the crimes of bodily injury heavier than that of a judgment);
1. Selection of an alternative fine for punishment (the degree of obstruction of performance of official duties is not somewhat weak, the defendant's failure to receive a written application from the victim, and the defendant has no record of punishment, etc.);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;