가.업무방해나.집회및시위에관한법률위반다.특수공무집행방해라.공무집행방해
208 Highest 4066(a) Business obstruction
(b) Violation of the Assembly and Demonstration Act;
C. Special obstruction of performance
(d) Performance of official duties;
1.(a)(b) . ○○, ○○, Inc., the actual manager.
2.(a). ○○, Company Board
3.D. ○○, Freeboard
4.D. ○○, Freeboard
OO
Attorney ○○ (Defendant ○○, ○○, ○○)
Attorney ○○ (Defendant ○○, ○○, ○○)
February 16, 2009
Defendant 00 is punished by imprisonment with prison labor for six months, by imprisonment for four months, by Defendant 00, by fine for three thousand won for each of the above fines of KRW 3,00,000 for each of the above fines of KRW 00 and KRW 000. In a case where Defendant 00 and KRW 50,000 are not paid each of the above fines, the above Defendants shall be confined in a workhouse for a period calculated by converting the amount of KRW 50,000 into one day. The above punishment for Defendant 00 and KRW 3 days for each of the above fines against Defendant 00 and KRW 00 shall be included in the period of detention in a workhouse.
However, the execution of each of the above punishment on the defendant ○○ and ○○○ for one year from the day this judgment became final and conclusive shall be suspended.
Defendant ○○○ and ○○○ order the provisional payment of an amount equivalent to each of the above fines.
Criminal facts
Defendant COO is a person engaged in the distribution business, who was the chairperson of the Incheon Airport000 Committee, and Defendant OO is a company member, Defendant 00 is a person who was the chairperson of the Incheon OOC Committee of 00 Labor, and Defendant 00 is a person who was the head of the secretariat of the above Committee.
1. Interference with the business of Defendant ○○ and Defendant ○○
From August 203, the Defendants were residents of the Jung-gu Incheon, the Yong-gu, the Yong-gu, the Yong-do, and the Yong-gu, Incheon, where the toll exemption system was abolished at around April 1, 2007, around the time when the Incheon Airport Railroad was opened, the Defendants used a large number of vehicles around 16:0 on April 22, 2007 in order to resist the abolition of the toll exemption system, and passed through the Incheon Airport at the seat of the Incheon Airport, and passed through the above Highway by paying the toll by using the Incheon Airport at the seat of the Incheon Airport and passing through the 10 foot-gu, and passed through the 10 foot-do, and passed through the 10 foot-do.
On April 22, 2007, from around 16:00 to 16:50 on the same day, the Defendants conspired to drive 80 vehicles from around 150 to around 16:50 on the Seo-gu Incheon Seo-gu 00-do residents, etc. in front of the 00-do residents, etc. around the 00-do government, and passed through Tolux on the Incheon Airport from the jurisdiction of the Seoul Airport. Defendant 000 along with the aforementioned Countermeasure Committee executives, “the national participation movement in the East Power of the Highway,” “the removal of tolls, the payment of tolls, the payment of tolls, the payment of tolls, and the payment of survival rights,” etc. Defendant 0 ○○ ○○ f.m., while driving ○○ f,900 Kan-do by driving the vehicle with ○○○ f,000 won, thereby interfering with the management of tolls collection and management of the victim PY corporation and the corporation.
2. Obstruction of performance of official duties against Defendant 000 and Defendant 000
As the Defendants came to know of the fact that ○○○, etc. was arrested as a flagrant offender and under investigation by the Incheon ○○ Police Station due to the same act as April 22, 2007, the Defendants decided to search for the above police station as well as the residents of ○○, etc. of Jung-gu, Incheon and to request the release of those arrested as a flagrant offender.
On April 22, 2007, from around 17:50 to 18:10 on the same day, the Defendants jointly conspired with each other, and by threatening 00 of the above 00, etc., the Defendants interfere with the legitimate execution of duties regarding crime prevention and investigation by threatening 10 women on the above 00,00,000, a police officer belonging to the above police station, to leave the office as a drinking house and walk the office door, and walk the office door, and wanting to talk with the Defendants.” By threatening the above 00, etc., the Defendants “if you wait at the resting room, I would not immediately leave the lock, I would not move by mobilization of the residents.”
3. Violation of the Assembly and Demonstration Act against Defendant 000
On March 2, 2007, the Defendant decided to interfere with the collection of tolls and the management of Liweg Corporation in the form of a cash by mobilization of residents of Yong-do around 16:00 on April 22, 2007 in order to accomplish the request for exemption and reduction of tolls with co-chairpersons of the above Emergency Countermeasure Committee, and recommended residents to participate in the demonstration of the above contents by posting a banner or distributing printed materials.
After all, on April 22, 2007, from around 16:00 to around 17:00, the Defendant, without reporting to the chief of the competent police station, 1 banner from around 16:00 to around 17:00, in front of the above 00Hawawa corporation, at the broadcast vehicle of Incheon 00Da000, 80 vehicles on which 150 people on a high-speed road, including Yong-do residents, passed through the 80 vehicles on board the 150-day city, such as Yong-do residents, and lowered from the above broadcast vehicle to Tol in Incheon in Seoul, 6 vehicles such as the above emergency response committee executive officers, etc., guarantee the right to survival as to whether the toll reduction or exemption should be withdrawn, and as to whether the toll reduction or exemption should be withdrawn, 6 diskettes, such as the cryp, which means the cryp, which means to demand the reduction or exemption of tolls for the Incheon Highway.
4. Special obstruction of performance of official duties by Defendant OO
Around 16:00 on April 22, 2007, the Defendant: (a) driven a lutro engine installed in front of the road of ○○○○wawawawa, and passed through the Incheon Airport from the bank of Seoul to the bank of the Airport; (b) paid 6,900 won to the Incheon Airport; and (c) the vehicle was fixed due to the failure of the vehicle to pass through the lutro, the police officers belonging to the Incheon ○○ Police Station did not immediately pass through the Defendant, but did not follow the notification to prevent the crime of interference with business even though the police officers belonging to the Incheon ○○ Police Station did not immediately pass the vehicle, so the above police station guard and slope ○○○○○○ was arrested the Defendant as the flagrant offender of the crime of interference with the business; (d) led the Defendant to a vehicle driven by the Defendant, thereby inducing the Defendant to launch the above lue vehicle, which is a dangerous object of traffic, and thereby, immediately arresting the above 00th police officers’ body.
Summary of Evidence
1. The legal statement of the defendant ○○ or ○○○;
1. Each legal statement of the defendant ○○ and ○○○○
1. Each legal statement of 00, 000, 000, 000, and 000 of the witness;
1. Results of the verification of CD (No. 1) in this Court
1. Each police protocol of each police suspect interrogation protocol on 000, 000, 000, 000, 000, 000, 000, 000, 000, 000, 000, 000, 000, 000, 000, 000, 000, 000, and 00;
1. A criminal investigation report (○○○ Arrest Process), a criminal investigation report (the background of the arrest of the suspect), a criminal investigation report (the background of the arrest of the suspect), a criminal investigation report (the circumstances of the arrest of the ○○○○○○) (the circumstances of the arrest of the suspect), a handba report (the information status report, accompanying pictures collected from the new public port), and a criminal investigation report (the prior public information on the demonstration of this case
1. Each report on the current status of information;
1. Evidentiary photographs;
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant 00: Articles 314(1) and 30(1) of the Criminal Act; Articles 19(2) and 6(1) of the former Assembly and Demonstration Act (amended by Act No. 8424, May 11, 2007) (the fact that an unreported demonstration is held; the choice of imprisonment)
B. Defendant ○○○○: Articles 314(1) and 30(1) of the Criminal Act; Articles 144(1) and 136(1) of the Criminal Act (special obstruction of performance of official duties; choice of imprisonment). Defendant ○○○, and ○○○: Articles 136(1) and 30 of the Criminal Act (the points of obstruction of official duties, choice of fines)
1. Aggravation of concurrent crimes (Defendant ○○, ○○○, ○○);
Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act
1. Detention in a workhouse (Defendant ○○, ○○○, ○○○);
Articles 70 and 69(2) of the Criminal Act
1. Inclusion of days of pre-trial detention (the defendant ○○○, ○○, ○○○○); and
Article 57 of the Criminal Code
1. Suspension of execution (Defendant ○○, ○○○○);
Article 62(1) of each Criminal Code (Defendant ○○○ does not have the same criminal record, Defendant ○○○ was the primary offender, Defendant ○○○○ was the chairman of the Committee on Emergency Countermeasures against the Incheon Airport Tolls established for the benefit of local residents, such as the Youngdo, etc. using the Incheon International Airport Expressway, and Defendant ○○○ also committed each of the instant crimes. Defendant ○○○○ also interfered with the collection of tolls of the Incheon International Airport Corporation in the course of demanding continuous implementation of the toll reduction and exemption system as a resident using the Incheon International Airport Expressway, and thereafter, Defendant 1 interfered with the collection of tolls by the police officer’s instructions.
Regarding the fact that the Incheon Metropolitan City Council appears to have committed a crime of special obstruction of performance of official duties by contingency in the course of moving a vehicle while somewhat interesting, the Incheon Metropolitan City Council enacted a municipal ordinance that supports the traffic fees to be paid when residents, such as the Young-gu area, etc. using the Incheon Port Highway, the Mayor of Incheon Metropolitan City Council filed a lawsuit to nullify the re-resolution of the Ordinance against the Incheon Metropolitan City Council but lost on June 12, 2008, but the Supreme Court lost on June 12, 2008. Since October 1, 2008, the above expressway tolls is reduced or exempted for local residents, such as Yong-do, etc., the victim 00Hawa Corporation cancelled the complaint against the Defendants, and the result of the serious injury by the police officers due to the special obstruction of official duties by Defendant ○○○○○○○, etc., was not caused, and all the above Defendants are divided into their errors, etc.)
1. Order of provisional payment (Defendant ○○, ○○○, ○○○);
Article 334(1) of the Criminal Procedure Act
Judges OOO