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

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

Punishment of the crime

On December 9, 2015, from around 14:50 to 15:20 on the same day, the Defendant interfered with the business affairs of the Defendant, such as illegal parking towing and storage of the victim, by force, on the ground that the Defendant’s vehicle was towed by the towing business located in the large exhibition area C, and thus interfered with the business affairs of the said place of business, such as illegal towing and storage of the victim by force.

The object of the crime of obstruction of the performance of official duties is "public official", and violence and intimidation against non-public officials assisting the performance of official duties can only be interpreted to have been committed towards the public official.

In this case, the victim D is a person designated as an agent for towing, etc. by the head of the Daejeon Metropolitan Government in accordance with Road Traffic Act and subordinate statutes, who assists in towing, moving, keeping, etc. of vehicles violating parking regulations of the Taeduk-gu.

However, since the subject and contents of the defendant's exercise of power are not related to the towing and moving of vehicles in violation of parking regulations itself, but rather caused a disturbance to the purport that the public official who controlled his/her vehicle at the towing vehicle storage room of the victim should be informed, the defendant's act is not construed as assault and intimidation against the

Therefore, it is judged that the defendant did not commit the obstruction of performance of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes concerning towing agent business, copies of official documents, field photographs, and police seizure records;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Recognizing the criminal facts of the defendant for sentencing of Article 334(1) of the Criminal Procedure Act, the provisional payment order is recognized.