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(영문) 인천지방법원 2014.04.17 2013고단729

공무집행방해등

Text

Defendant

A Imprisonment for six months, each of the defendants B and C shall be punished by imprisonment for four months.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

C On July 24, 2012, the Defendant was indicted for non-detained as a crime of accusation in this court, and was sentenced to two years of probation on August 8, 2013 (201Sang82). A prosecutor appealed and was sentenced to a dismissal on December 6, 2013 by the same court (201No2399), and the prosecutor appealed again, and the case is still pending in the Supreme Court.

(2013Do1582). Defendant A and Defendant B are married couple, and Defendant C is the mother of Defendant B.

The Defendants asserted that F (Defendant C’s grandchildren in Defendant A and B) attending the E elementary school was victimized by school violence from the East students, and continuously resisted against the relevant student and the relevant school. During that process, the Defendants received the notice from the Autonomous Committee on Countermeasures against School Violence on April 17, 2012 that he/she would undergo mental counseling.

1. On April 25, 2012, around 16:30 on April 25, 2012, Defendant A- the Defendant: (a) intended to enter a school operation committee of the E Elementary School located in Bupyeong-gu Incheon Metropolitan City to resist a mental counseling treatment decision on April 27, 2012; (b) however, (c) did not open a door, the Defendant was going to walk the door several times due to the door’s failure to open the door, and hick down the door with the fire extinguishing machine.

Accordingly, the Defendant damaged the entrances used by public offices to cover repair costs that could not be known.

2. The Defendants’ conspiracy - obstruction of performance of official duties, and the Defendants’ bodily consultation decision on April 17, 2012 at the same date, at the same time, at the same place, and at the same time and place. Defendant A expressed that the victim H(the age of 57), an assistant principal of the above school, “scambling” was expressed, and Defendant A walked one time to walk the victim’s left buckbucks, and bucked the victim’s buckbuck.

Defendant A continued to restrain the above school teachers, thereby gathering the members of the meeting room, and was in accordance with the victim I (the age of 41) and the victim J (the age of 25).

Defendant

C is a victim who sacrifies the above H.