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(영문) 서울중앙지방법원 2017.05.25 2017고합321

특수폭행치사등

Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the Defendant is acquitted of death resulting from special assault.

Reasons

Punishment of the crime

1. From March 10, 2017 to March 11, 2017, the Defendant was participating in the “an assembly opposing the impeachment of the FF President” organized by the National Vacancy Movement Headquarters for the dismissal of the impeachment of the President (hereinafter referred to as the “FF impeachment”) on the road front of the fourth subway station located in the subway station No. 4 in the subway No. 3 of the 472 subway No. 3 as the Jongno-gu Seoul Jongno-gu Seoul.

The defendant tried to enter the direction of the Constitutional Court along with other participants in the assembly by hearing the horses of a person in the flag of coal and tried to enter the direction of the Constitutional Court. However, as the police bus (H) was parked in an open space in front of the wall of the defense, the defendant tried to create a gap in which the participants of the assembly can pass by driving the police bus (H) which was parked in front of the wall of the defense.

At that time, a number of police officers, including police assistant K, were performing the duty of suppression of assembly and demonstration, within the police bus, police-protection parking wall, the police noise management vehicle around the police-protection wall, and the police-fighting noise management vehicle after the police-protection wall (I), including the police assistant K, belonging to the police officer of the former North Korean National Police Agency.

Nevertheless, the defendant, after entering the police bus at around 12:10 on the same day, driven the above police bus, which is a dangerous object from around 12:12 to around 12:14 on the same day, and concealed the police-protection wall over about 50 times.

Accordingly, the Defendant, carrying dangerous objects and assaulted a number of police officers who were performing the duty of suppression of assemblies and demonstrations around the police bus, the police-protection wall, and the police noise management vehicle, thereby hindering the police officers from performing their duty of prevention of crimes, suppression of assemblies and demonstrations.

2. The Defendant, as described in paragraph 1 at the date, time, and place described in paragraph 1, drives the police bus owned by the victim 5 dong-dong Seoul National Police Agency on about 50 occasions, resulting in the above police defense barriers over 50 times.