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(영문) 수원지방법원 2015.07.02 2014고정752
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by a fine of KRW 500,000.

If the Defendants did not pay each of the above fines, 50.

Reasons

Punishment of the crime

The Defendants jointly and severally held an assembly to carry out the F performance reported in relation to the general viewing and viewing forum located in 556, the wife population from November 18, 2013 to December 13, 2013. On November 21, 2013, the Defendants interfered with legitimate execution of duties concerning the management of the viewing and viewing facilities, which are public property of H and I, by keeping the police assigned for special guard and keeping the participants in the assembly out of the assembly at around 15:20 on November 21, 2013.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness G, I, H, J, and K;

1. Each police suspect interrogation protocol against Defendant C and A

1. Each police statement to J, G, I, H, and K;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of motion pictures);

1. Article 136 (1) and Article 30 of the Criminal Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendants and the defense counsel asserted on the assertion of the Defendants and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserts that the Defendants’ act against the unlawful performance of official duties such as H does not constitute obstruction of performance of official duties.

In this case, the square of this case is the real estate owned by the Gam-si and subject to the Public Property and Commodity Management Act (hereinafter referred to as the "Act"), and Article 6 (1) of the Act provides that "no person shall use or make profits from the public property without following the procedures and methods prescribed by this Act or other Acts." Article 83 (1) of the Act provides that "the head of a local government shall occupy the public property or install facilities on the public property without any justifiable reason."

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