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(영문) 서울서부지방법원 2017.04.13 2016고정1173
퇴거불응
Text

Defendant

A shall be punished by a fine of KRW 500,00, and by a fine of KRW 1,200,000, respectively.

The defendants are the defendants.

Reasons

Punishment of the crime

The Defendants and E are members of the Mapo-gu Seoul Metropolitan Government Committee for Countermeasures against Removal of the F Commercial Shop Shop tenants, and are members of the Mapo-gu World Cup 212, who are in the assembly demonstration before the Mapo-gu Office.

On March 8, 2016, Defendants and E were required to request the victim H, who is an employee of the Mapo-gu Office 11th floor G of Mapo-gu, 2016, to remove the banner of the committee for the countermeasures against removal and remove them, request the victim H to return the banner of the committee for the countermeasures against removal and take a bath, etc., and request the victim H to request the victim to leave around 17:50 on the same day.

However, the Defendants and E refused to comply with the request for withdrawal of the victim without justifiable reasons until the police officers dispatched to the victim's report at around 18:40 on the same day arrive.

Defendant B is the chairperson of the Mapo-gu Seoul Metropolitan Government Committee for Countermeasures against the Removal of the F Commercial Building tenants, Defendant C is the head of the organization, and Party E is the general person.

Defendant

B, on June 7, 2016, around 10:38, 2016, E, Defendant C, and Defendant B, were parked for about 18 minutes at the entrance of the construction site at the construction site and obstructed them from allowing access by construction vehicles.

As a result, Defendant B, C, and E interfered with the reconstruction work of the victim J, which is the subcontractor of the development of the modern industrial development of the contractor, by jointly obstructing the operation of the construction vehicle for about 18 minutes through force.

Summary of Evidence

[2016 High Court Decision 1173]

1. The Defendants’ respective legal statements (as at the fifth public trial date);

1. Statement made by the police with H;

1. Each statement K and L;

1. Voluntary accompanying report (2016 high term 1290);

1. Statement of the witness M in the fourth public trial protocol;

1. Application of each Act and subordinate statutes to CCTV images at the time of occurrence;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 319(2), 319(1), and 30 of the Criminal Act (Optional to a punishment);

B. Defendant B and C: Articles 319(2), 319(1), and 30 of the Criminal Code (the point of refusing to withdraw), respectively.

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