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(영문) 서울중앙지방법원 2015.05.26 2014고단1177

특수공무집행방해

Text

Defendant

A shall be punished by a fine of KRW 3,000,00 and by a fine of KRW 2,00,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. A member of the E Trade Union (hereinafter “EM”) who has complied with the government’s policies to improve public enterprises in the relevant situation was engaged in an illegal strike against the government that demanded the withdrawal of a plan to develop theG industry from December 9, 2013 by the direction of the enforcement department, such as F, etc., the chairperson of the EM, and accordingly, H (hereinafter “H”) filed a complaint with the National Police Station, such as the Yongsan Police Station, against the charge of interference with the operation of 191 executive officers, such as F, etc., and thereafter, police officers, such as the Yongsan Police Station, tried to investigate F, etc.’s recall of executive officers, but the executive department, such as F, etc., did not comply with summons and continuously command strike, and continuously publicize their demand through the media, etc.

Accordingly, the police issued a warrant of arrest to all subjects, such as F, I, J, K, L, M, and N, by submitting to the court evidence on the charge of the crime in the Eno-Help Execution Department, and the fact that the police issued a warrant to the effect that "the illegality of the purpose of the strike has been substantiated, and that it is likely to destroy evidence in light of the seriousness and urgency of the case and the possibility of destroying evidence in response to summons" through the media was externally known.

Nevertheless, while the executive branch has been taking the position of "a strike without interruption" in response to the investigation, the executive branch continued to hold three times in the office of the P Building 13 to 15th floor of the Seoul Jung-gu P Building PM on December 12, 2013, the 15th, and the 18th day of the same month.

The above place was a new example at the time of the Gmpha in 2009, and the location of the real-time base station in mobile phones used by F, I, J, K, K, L, M, N, etc., for which arrest warrant was issued, was limited to the distance of 120 to 500 meters in the radius from P building and the radius of 120 to 120 meters in the radius, and the enforcement department was reported to be in the Q Trade Union office through the media.