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(영문) 인천지방법원 2015.04.10 2015고단561

특수공무집행방해등

Text

Defendant

A Imprisonment with prison labor of one year and two months, Defendant Q, R, U, and V with prison labor of one year and six months, and one year, respectively.

Reasons

Punishment of the crime

Defendant

A는 Y단체 Z으로 활동하면서 인천 남동구 AA에서 휴대폰 부품을 판매하는 노점상, 피고인 Q은 Y단체 인천지역 AB으로 활동하면서 AA에서 햄버거를 판매하는 노점상, 피고인 R은 Y단체 인천지역 AC으로 활동하면서 AA에서 “AD”를 운영하는 노점상, 피고인 S은 AA에서 “AE”를 운영하는 노점상, 피고인 T은 Y단체 인천지역 조합원으로 활동하면서 AA에서 호떡을 판매하는 노점상, 피고인 U는 Y단체 인천지역 조합원으로 활동하면서 AA에서 떡볶이를 판매하는 노점상, 피고인 V는 Y단체 AF으로 활동하는 자이다.

From May 2014, the Incheon Nam-gu Office has made efforts to maintain illegal Nowon-gu by means of corrective orders, guidance issuance, etc. that induce voluntary removal, but the AA Nowon-gu Office did not systematically join the Y organization and failed to comply with the AA Nowon-gu Office.

However, as the inconvenience for the traffic of the citizens is serious due to old occupation and the neighboring local merchants continuously file a civil petition, the Incheon Nam-gu Office intended to remove the AA's illegal old occupation on November 27, 2014. The Defendants prepared a dangerous object such as a pipe and gasoline with the Y organization members, and conspired to actively respond to them by holding a meeting.

1. The Defendants violating the Act on the Promotion of Special Performance of Official Duties and the Assembly and Demonstration Act, around 07:00 on November 27, 2014, possess 200 members of the Y organization in order to interfere with the administrative vicarious execution of removal on the AA Nowon-gu Incheon Metropolitan Government office’s street removal, and hold a pipe, LPG transit, gasoline, etc. prepared as above with the aforementioned Y organization’s members, and prevent the entry of the public officials of the Nam-gu Incheon Metropolitan Government Office and the service employees dispatched for the administrative vicarious execution at the entrance of AA, who were requested to remove on the street point by the Nam-gu Office.