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(영문) 제주지방법원 2016.02.18 2015고단725
특수공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[The premise] On October 10, 2014, the Jeju Civil-gun Complex Construction Project Association planned to build five units of the 4th floor size above ground and 72 units of the 4th unit size below the total size of 1,880,7605 square meters on the site of the land owned by the Ministry of National Defense, which is the land owned by the Ministry of National Defense, and the total size of 1,880,7605 square meters, and 72 units of the 4th unit size above the ground.

In that sense, the “H organization, etc., to which the “G organization,” etc., opposed to the construction of a civil-military complex port belongs, has installed one steel-frame tent, two personal contents, one of the J compacters, and one road in the front of the entrance of the construction site, which is part of the construction site around October 25, 2014, in order to obstruct the F work, and occupied the said site and the road without permission, and interfered with the construction by blocking the passage of trucks entering the construction site for the construction work.

Accordingly, on January 27, 2015, the Minister of National Defense sent to the “G organization” a letter to the effect that two K, etc., belonging to the Jeju Civil Aviation Complex Construction Project Association, should voluntarily remove all the facilities, such as the said steel tent and the compact rolling stock installed on the site of the said construction, which is State property, by January 29, 2015, pursuant to the State Property Act and the Administrative Vicarious Execution Act. However, the “G organization” did not voluntarily remove all the facilities by the designated date in the said letter.

Accordingly, the Minister of National Defense designated M of Jeju Civil Aviation Complex Construction Project Bureau as an administrative vicarious execution officer, and issued an administrative vicarious execution warrant. On January 30, 2015, the Jeju Civil Aviation Complex Construction Project Agency presented the above administrative vicarious execution warrant to the "G Organization" (L) around January 30, 2015, 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 work are more than 5-7 meters high from the roof of the compacterless vehicle installed with the new wall, with the intention of obstructing the above administrative vicarious execution.

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