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(영문) 대전지방법원 홍성지원 2015.09.09 2015고단438

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 27, 2015, from around 14:00 to 15:00, the Defendant, at the entrance of the parking lot of the Chungcheongnam-do Council located in 21, as Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, opened a call for the amendment of the Ordinance to the Ordinance to the high-level of the Cheongnam-do Council Ordinance to the front of the entrance of the Chungcheongnam-do Council, which was not a place reported with the said participants at the meeting, and at that place, the participants of the meeting had been prevented from entering the building of the Chungcheongnam-do Council, the combat police officers belonging to the 2708 combat police police compounds, “I go beyond nis, I go beyond me, I go beyond me, and I go against the said C.”

Accordingly, the defendant interfered with the legitimate execution of duties regarding the suppression of police officers' demonstration.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and C;

1. Application of Acts and subordinate statutes to notify documentary evidence;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The summary of the argument of the defense counsel regarding the assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act: ① The participants in the assembly of this case do not clearly deviate from the place of assembly reported by the participants into the building of the Chungcheongnam-do Council; ② there was no request from the chief of the competent police station for voluntary dispersion and dispersion order; ③ there was no authority to protect the people who intend to enter the building of the Council for the purpose of attending the Council, and thus, the expulsion of combat police C does not constitute legitimate performance of official duties.

Judgment

The following circumstances acknowledged by the evidence adopted and examined by this Court, namely, ① the place where the assembly of this case was reported is delivered within a range of 20 meters from the entrances of the parking lot of Chungcheongnam-do Council, whereas the participants of the assembly of this case, including the Defendant, are the buildings of Chungcheongnam-do Council via stairs from this place.