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(영문) 서울중앙지방법원 2012.04.27 2011고합1613
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant is a person who is the chairperson of the organization’s operation committee established in response to D’s “E”, and is working as the advisor of the Gyeonggi-do Southern Site of “F” that was produced and distributed in November 2009.

1. On November 10, 201, the Defendant, from around 14:35, 201, participated in the “Korea-U.S. Free Trade Agreement Citizens’ Republic of Korea-U.S. National Campaign Center” (hereinafter “the Republic of Korea-U.S. territory”) held by the Secretary General as a society of G, from around 14:35, 201, in the latter part of the Korea Development Bank located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul. On November 10, 201, the Defendant instigated the participants of the above assembly to “the Republic of Korea-U.S. Free Trade Zone Citizens’ Republic of Korea-U.S. Free Trade Zone (hereinafter “the Republic of Korea-U.S. territory”). On the same day, at around 15:37 on the same day, G has instigated the participants of the assembly to “the Republic of Korea-U.S. Republic of Korea-U.S. Republic of Korea-U.S. territory,” and continued to proceed

Therefore, it is determined that it is impossible to maintain order by clearly deviating from the scope of the initial report of assembly, the date, time, place, method, etc. The information division of the Yeongdeungpo Police Station requested the closure declaration to the social members at around 15:37, and the head of the Yeongdeungpo Police Station who received the order from the head of the Yeongdeungpo Police Station at around 15:39, the head of the Yeongdeungpo Police Station at around 15:42, immediately following the request for voluntary dispersion, and the first dispersion order was issued using broadcasting vehicles at around 15:42, and the experience compared to the 15:44 at around 15:4, the demonstration group including the defendant, attempted to continue to enter the direction of the H and the National Assembly, and the head of the Yeongdeungpo Police Station Security Station at around 15:44, the second dispersion order and the third dispersion order at around 15:46, but the demonstration group, including the defendant, did not comply with the dispersion order without any justifiable reason.

Accordingly, the defendant does not comply with a dispersion order by the chief of the competent police station, and 4 people who participate in the above assembly in collusion with the industrial bank.

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