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(영문) 춘천지방법원 2012.06.19 2012고단28

폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등

Text

Defendants shall be punished by imprisonment for eight months.

However, with respect to the defendant B, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who was the secretary general of the Gangwon-do Federation and the executive chairperson of the E Headquarters, and the defendant B is a vice-chairperson of the Gangwon-do Council.

1. At around 00:02 on December 4, 2010, the Defendants: (a) assaulted 20 educational members of the Gangwon-do Council on the ground that at least 20 educational members of the Gangwon-do Council want to reject the proposed bill of free school meal service in the manner of changing the number of meetings; (b) assaulted 5 registered security guards of the Gangwon-do Council, including G, H, I, J, and K, who had protected the said office of the chairperson, and obstructed the legitimate performance of duties concerning the protection of five registered security guards of the Gangwon-do Council while entering the meeting, and interfered with legitimate performance of duties concerning the protection of the above five registered security guards of the Gangwon-do Council in the course of the meeting; and (c) interfered with legitimate performance of duties concerning the progress of the meeting of the chairperson of the Gangwon-do Council on the progress of the meeting.

As a result, the Defendants displayed multiple power with 20 demonstration teams and interfered with the legitimate execution of duties of public officials.

2. The Defendants violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) jointly carried out 20 or more persons in the name demonstration units and the entrance doors of the education chairperson at the above temporary location, and intruded up to the inside of the education chairperson's room.

As a result, the Defendants infringed on the room by showing multiple power with 20 persons in the above name-free demonstration team.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of the accused by prosecution;

1. Written statement by prosecution;

1. Each police statement made to N,O, I, J, G, and K;

1. Application of field photographs, investigation reports (related to specific suspects and requests for appearance), investigation reports (related to the progress of an investigation, etc.) and statutes;

1. The Defendants of relevant legal provisions concerning criminal facts: the point of obstruction of performance of official duties under Articles 144(1) and 136(1) of the Criminal Act, respectively.