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(영문) 서울중앙지방법원 2015.05.14 2014고단5536
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

[2014 Highest 5536] On June 23, 2014, the Defendant applied for the issuance of a certificate of real estate sale fund to C, who is a public official of the above tax office, for the reason that the work is delayed, at around 14:10, the Defendant received a request from D, who is a public official of the same tax office where he responded to the Defendant before about 1 month, to “the office is office and the process of the work is clearly changed.” On his own initiative, the Defendant sent an article to the above D, with a greater portion of the chest part of the above D’s face once, with one head and one face part of the above D’s face, interfere with the tax official’s legitimate performance of his duties due to assault, and interfere with the victim’s treatment at the same time as the victim D(the victim is aged 402).

[2014 Highest 8677] On June 26, 2014, the Defendant: (a) around 09:56, in a new-ro five-dong post office located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu; (b) on the ground that the said post office affiliated with the said post office, who was engaged in the receipt of postal items, did not properly respond to himself/herself to the postal numbers assigned by the Yeongdeungpo-gu Office and the Yeongdeungpo-gu Police Station; (c) on the ground that the mail number book (A4 page 200 pages) kept in the said place was collected by the victim; and (d) in line with the part of the sale, the Defendant interfered with the legitimate performance of the duties of a public official in postal service due to assault for the reception of postal items by the public official in postal service; and (d) carried out the sales box in the following part that requires approximately

Summary of Evidence

1. Statements of each accused in the first and fourth trial records;

1. Each legal statement of witness E and F;

1. Statements made by witnesses D and C in the second trial records;

1. Each police statement made to D and E;

1. Each injury diagnosis letter;

1. CCTV image data CDs;

1. The defendant and his defense counsel regarding the assertion of self-defense of damaged photographs and CCTV images are obstruction of the performance of official duties and crimes of injury against the victim D.

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