205 Mo457 Ga. Obstruction of Performance of Official Duties

b. Violation of the Assembly and Demonstration Act

(c) Violation of the Punishment of Violences, etc. Act (or refusal to jointly withdraw at night);

(d) Refusal to leave;

(e) Violation of the Punishment of Violences, etc. Act ( Nighttime and joint injury);

(f) Injury;

(g) Damage to public goods;

1. (a) (c) d. e. 00

2.(a)(b) Park 00;

3. (a) Park △△;

4. A.ma. (f) No. 500

astronomical Management

Law Firm 00 General Law Office (private election for Defendant 500)

Attorney 000

March 7, 2006

In 10 months of imprisonment with prison labor, Defendant Park 00, and Park △△△△△ in 10 months, each fine of 3,00,000, and Defendant’s demotion.

A person shall be punished by imprisonment with prison labor for one year.

Defendant Park 00 and Park △△△△△ did not pay the above fine, each 50,000 won converted into one day.

During the period, the above Defendants are confined in the workhouse.

The fifty-five days of detention days before the sentence of this judgment is made shall be included in the penalty before the sentence is made against the defendant.

(2) the court below's holding that each of the above penalties against the defendant 00 or 500 for two years from the date this judgment became final and conclusive

example.

Defendant Park 00 and Park △△△△ shall order the above fine to be paid provisionally.

Of the facts charged in the instant case, it is not guilty of violating the Assembly and Demonstration Act on Defendant Park 00.

Criminal facts

On December 16, 2004, the defendant Ansan-si was sentenced to imprisonment with prison labor for 10 months and 2 years of suspension of execution and fine of 500,000 won for special obstruction of performance of official duties, etc. on December 16, 2004, and the above judgment becomes final and conclusive on February 10, 206. The public official of Grade VII in local administrative office is removed on December 24, 2004, and the head of the office of 00 City/Do branch offices and the public official of Grade VII in the Korean Public Officials' Union is removed on December 24, 200, and the defendant Park Jong-ok was removed on the same day from office as a public official of Grade X in the above 0 City/Do branch offices and was removed on the same day, and the head of 200 City branch offices and one Do branch offices and one 200 years of suspension of execution and one 5 years of execution of official duties after being sentenced to imprisonment with prison labor for 200 years and one 205 years of execution.

1. Defendant 00

A public official worker's union in a 00-day 4th floor installed from around 18:00 on December 14, 2004 to 00:0 east.

The withdrawal of the Special Act, the pulverization of public officials' unions, the withdrawal of unfair disciplinary actions, the restoration of the office, etc.

from 00 to 00 the Director of the Self-Governing Administration Division at around 14:00 of the same month, when the defendant was in farming.

In receipt of a written notice of a personnel appointment to be removed, the reason why it will be sent in the office building.

The autonomous administration division for viewing 00 times between the 28th of the same month and the 30th of the same month.

Voluntary removal and removal of facilities from 00 to 00 markets Kim 00

the 30:00 of the same month, upon receipt of the request from the above Kim 00 of the same month that he will go to the office building.

The 31:15 of the same month without any justifiable reason, despite the fact that he/she did not comply with it.

Having occupied at this place and continuously refused to comply with the demand to leave the 00 market, etc.;

2. The Defendant 00 and the same △△△△△ in common:

On March 14, 2005, around 09:00, at the above 00 reception room for the above 00 reception room for the above 00 reception room for the defendants, on December 24, 2004

It was required to hold an interview with the 00 market for the reason that the removal is improper, and from the above paths.

Hearing the answer that it is impossible to hold a market interview and sound “drawing why it does not hold an interview”.

From 09:50 on the same day to 09:50 on the same day, “At present 09:50 on the same day, 5 minutes on the same day.”

Note. It no longer interferes with official duties and goes out of the office building. It does not go up until that time.

under the demand for withdrawal to the effect that the complaint is "," and at 09:55 on the same day, from 00 again to 20 on the same day

A. At least 10:00 Ga, the warning will not be sent up to five minutes.

(1) If such person has received a request for withdrawal from the State, he/she shall file a complaint without good cause.

The above 00-not later than 10:05 of the same day shall have continued to hold a 00 market meeting without complying with the request.

shall not comply with the request for eviction;

3. The Defendant Park 00 and the same Park △△△△△ in collusion:

From 00:40 on the same day to enter the office building in front of the 00 viewing hall on the same day.

The 00 police station serving as the office guard at a place in receipt of a request for facility protection and medical history support;

Defendant Park 00, who was detained on the front line by police officers under his jurisdiction, was arrested by the police officers under his jurisdiction.

The body of the brush cited by this Decree is sealed, and “Yehhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

“I have been doing so,” and “I have been walking the door boomed by the police officer No. 00.” and “I have to walk.”

The sound of this mound, dyp dyp, “influence of dyp,” and the flabing of the pen by hand, followed by the flab.

The face of a smuggling and a brush of 00 above shall be expressed to the face of the crush, and the face of the crush of crush shall be 00.

Defendant Park △△△ was faced with, and Defendant Park △△ was sound as above, and the above police officers serving at the expense of the office.

shall interfere with legitimate performance of duties of the Commission;

4. Defendant 50

On December 5, 2005, at the office of the Self-Governing Administration Division, at 000 :00 :00 :00 :00 around 00 :00 around 5, 200, at the same time, at the

11.No. 14 employees, including the Defendant, in the Chuncheon District Court Gangnam branch for the 14 staff.

Viewing on the application for a provisional disposition prohibiting the use of loud, etc. taken by the defendant for the reason that the defendant's name is included.

Is the head of the Self-Governing Administration division, 00, who is the head of the above provisional disposition application is prepared.

286,000 won per 286,00 won per single market value in favor of the tabler, by breaking up the wooden table in a dub.

the use of articles used by public offices by harming the utility of such articles, and continuously holding an interview with the defendant.

00 On the ground that a victim, who is in charge of self-governing administration and general affairs (47 years of age), has placed his/her hand in the main machine

The Dong shall put his hand into the main machine, which shall be called "n't the hand," and shall cause the drinking to the Dong.

The head part of the waterway shall be 1 time, boomed with flaps and flaps, and watched with 00 above flaps.

In order to interfere with legitimate execution of duties with respect to non-permanent affairs, and to continuously enter a 00-day deputy office

100 and 00 shall be asked whether the application for the temporary injunction against the use of the loudspeaker was prepared

C. On the ground that the answer was made by the above 00 Doz. Doz. was Doz. Doz. Doz.

The face and title of the above 00 face in drinking and the face of the original tamper shall be taken in a number of times.

D. At the same time, brain-proof sugars, etc. need to be treated for about three weeks to the upper part of the walking vehicle.

In order to interfere with legitimate execution of duties concerning viewing and viewing of Dong members, and continue to be in front of the 00 Market Office

on the ground that an associate 00 who is a public official in charge of the protection takes photographs of the above site, he/she shall wear a breath of the person.

In multiple times of assault, etc., obstructing the legitimate execution of duties with respect to the protection of 00 times of the above line of duty, and 5. Steel0, Na00 shall be openly recruited and jointly conducted.

In the case of the above 00-day Seoul Special Metropolitan City Mayor on the date and time set forth in the preceding paragraph, the Defendants’ participation

up to 10 '57 years of age' for the victim 100 (57 years of age) who is placed in the 00-point market to attend the meeting.

The answer that 100 is so high as to the fact that the deputy head is wrong, even though he was the deputy head.

on the ground that the defendant was aware of the fact that the defendant was aware of the above part of the shoulder part of the above 100

The distribution part of the ship by drinking can be seen as one time, and the defendant river 00 can't be used as kn's hand.

To 100 the above 10-day medical treatment of approximately 10 days, such as catum catums, and the like.

In the city, the Dong had interfered with the legitimate execution of duties of the Dong with respect to 00 correction.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of 00 witnesses and 00;

1. Legal statement of 00 witnesses in part;

1. Protocol of inspection by this Court;

1. Statement made by the prosecution against 00, and 00;

1. Each police record statement of 00, 00, 00, 00, 00, 00, 00, 00, 00, 00, 00, and 00;

1. Investigation report on the attachment of photographs posted on the oars of the oars in 00; and

1. An investigation report accompanied by a photograph, when the suspect, the suspect, and the △△△△△△△△ assault the police officer;

1. A criminal investigation report (a report accompanied by a weekly event plan posted on the labor union website);

1. A report on investigation (a report accompanied by a weekly operation plan for a major labor union of 00 local headquarters);

1. Investigation report (the Internet posts posted at the 00 City/Do branch office);

1. A written request for facility protection and career support;

1. A written request for voluntary removal or removal of each facility;

1. A net bulletin board;

1. Photographs taken in CCTV;

1. Written accusation issued on December 13, 2005 at a 00 market-making date (including each photograph, each diagnosis document, and quotation attached thereto);

1. Statement of criminal history records (Defendant 00, river00);

1. Each disposition not yet made and a report on the result of confirmation (within the accused, 00, 500);

1. Investigation report (report accompanied by a copy of the judgment);

Judgment on Defendant Park △△△△’s argument

Defendant Park △△△△’s denial of the facts of the crime. As such, in a case where two or more persons jointly process the above facts of the crime, there is a combination of two or more persons who intend to jointly process the crime and realize the crime. Thus, even if the two or more persons intend to do so, a public-private partnership is established, and even if there is a functional control over the act based on their common intent during the commission of the crime, even those who are not directly involved in the act of the crime are criminal liability as a co-principal. Defendant Park△△△△△’s failure to take advantage of the above evidence, Defendant Park △△△△△’s failure to take part in the crime at the front line, and Defendant Park △△△△△’s △△△△△’s failure to take part in the crime at the front line, and Defendant Park△△△△’s failure to take part in the situation of the above police officer’s failure to take part in the crime at the front line. However, it does not appear that Defendant Park △△’s 00-related police officer’s failure to take place.

Application of Statutes

1. Relevant legal provisions concerning criminal facts and the stay of Defendant 00, and the selection of sentence for Park △△△△△ in relation to the crime

In 00: Article 319(2) and (1) (a) of the Criminal Act, the Punishment of Violences, etc. Act

Rate 2(2) and (1), Article 319(2) and (1) of the Criminal Act

Article 2(2) and (1) of the Punishment of Violences, etc. Act, Article 257 of the Criminal Act

Paragraph (1) (a point of joint injury), Articles 136 and 30 of the Criminal Act (a point of obstruction of performance of official duties)

Defendant Park 00: Articles 136(1) and 30 of the Criminal Act (the point of obstructing the performance of official duties, the choice of fines)

Defendant Park △△△△: Article 2(2) and (1) of the Punishment of Violences, etc. Act and Article 319(2) of the Criminal Act

Paragraphs 1, 1(joint withdrawals), 136(1), 136(1) of the Criminal Act

Article 30 (Appointment of "Obstruction of Performance of Official Duties", and Fines)

Defendant 50: Article 141(1) of the Criminal Act (a point of damage to public goods); Articles 136(1) and 30 of the Criminal Act

(each point of obstruction of the performance of official duties), Article 257 (1) of the Criminal Act (the point of injury), violence

Article 2(2) and (1) of the Punishment of Punishment, etc. Act, Article 257(1) of the Criminal Act

1)

1. Commercial competition;

inside00, strong00: Articles 40 and 50 of the Criminal Act (within 00: Acts of violence due to a joint injury)

Punishment Act and punishment between obstruction of performance of official duties, etc.

The Punishment of Violence, etc. Act due to a more severe joint injury;

Punishment of the crime of insurrection, the defendant's lecture00: the crime of injury and the crime of homicide

Crimes of obstruction of performance of official duties, which are more severe punishment.

B. A violation of the Punishment of Violences, etc. Act, and the public offering to a herb vessel

Punishment of violence, etc. with heavier punishment shall be the crime of interference with execution.

Each punishment imposed on a violation of the Act)

1. Selection of a sentence against the defendant, 00, and 500

Defendant 80, 500: Selection of imprisonment

1. Handling concurrent crimes;

inside00, strong00: the latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Defendant 00, Park △△△, and Park 00: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Defendant)

person 00: breadth caused by a joint injury with the largest penalty;

Concurrent punishment provided for in the Act on the Punishment, etc. of Forced Acts

Criminal Dog, Defendant Park △△△: A heavier official duty office;

Punishment of concurrent crimes resulting from the obstruction of conduct: Aggravation of concurrent crimes, Defendant 50

Violation of the Punishment of Violences, etc. Act with the largest punishment

Punishment Aggravations for Concurrent Crimes

1. Detention in a workhouse;

Defendant Park 00 and Park △△△△: Articles 70 and 69(2) of the Criminal Code

1. Inclusion of days of detention in detention;

Defendant Audit00: Article 57 of the Criminal Act

1. Suspension of execution;

Defendant 00, strong00: Article 62(1) of each Criminal Code (Consideration of the following sentencing grounds):

1. Order of provisional payment;

Defendant Park 00 and Park △△△△: Article 334(1) of the Criminal Procedure Act

1. Reasons for sentencing;

Defendants’ officers or active participants of the National Public Officials’ Union, shall conduct the labor campaign of public officials.

At the time of strict restriction, the current law was disregarded as well as the crime of this case.

In particular, in the case of Defendant Ab00 and Don00, criminal sanctions against illegal acts related to the establishment of a public official's labor union

Although the act of committing the crime of this case was committed even though the commission continued, the defendant should be criticized; but the defendant

They have no particular criminal power, except for the past record of crimes related to the establishment of public officials' labor union; and

The fact that it appears that the public official's life will be faithfully done, the defendant's inside0, and the defendant's office

The judgment of the suspension of conduct becomes final and conclusive and the public official's status is deprived, and the defendant's demotion;

100 shall agree with the injured party, and deposit KRW 1,500,000 to the order of the injured party, and others

The age, character and conduct, environment, and motive, background, and means of the Defendant’s committing the instant crime;

It shall be sentenced to the same sentence as the order in consideration of the results, circumstances before and after the crime.

Parts of innocence

1. Summary of violation of the Assembly and Demonstration Act among the facts charged against Defendant Park 00

From around 10:00 to 12:05 on March 14, 2005, Defendant Park 00: (a) without reporting an outdoor assembly; (b) without wearing a light containing words such as the withdrawal of unfair disciplinary action and the infringement of the original duty; and (c) after making the above 20 members belonging to the head of the union 00 regional head office of the union in the name of the head of the union in the name of the head of the 00 regional head office of the union in the name of the head of the union in the name of the head of the 20th group in the name of the head office of the union in the name of the head office of the union in order to reduce the number of members of the union in the 00th group head office, Defendant Park 00 was in the first place in the labor union of the public official labor union in the first place; and (d) held an outdoor assembly in the way of creating the labor union.

2. Determination:

A. The meaning of the organizer

According to the Assembly and Demonstration Act, a person who intends to hold an outdoor assembly shall submit a report stating its purpose, date, time, place, organizer (in the case of an organization, including its representative), etc. from 720 hours to 48 hours before the outdoor assembly is held (Article 6(1)), and a person who hosts an assembly in violation of the above provision is punished (Article 19(2)). Here, the organizer refers to a person or organization holding an assembly or demonstration under his/her own name under his/her responsibility (Article 2 subparag. 3).

B. Whether the defendant Park 00 constitutes the organizer of an outdoor assembly

According to Defendant Park 00’s partial legal statement, the witness’s legal statement, this court’s inspection protocol, part of prosecutor’s protocol on the Defendant Park Park Park 00, the prosecutor’s protocol on the suspect’s interrogation, the investigation report attached to the house at 00 p.m., the suspect Park △△△△△’s interview with the police officer, and the investigation report attached to the police officer at 00 p.m., the purpose of holding the non-reported outdoor assembly in this case is to pressure the East Sea authorities for the purpose of 00 p.m. and the withdrawal of unfair disciplinary action. Defendant Park Park 00 is the head of education promotion department of 00 p.m. who is not the 00 p.m. government office affiliated with the Korea National Public Service Workers’ Union, and it is difficult to acknowledge the relationship between the above public official and the witness of the organization at 00 p.m. at 00 p.m. with the above assembly and demonstration, and there is no other evidence to acknowledge that the defendant was active in the assembly and demonstration.

3. Conclusion

Thus, this part of the facts charged constitutes a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.

Hong Manman