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(영문) 창원지방법원 2014.02.07 2013고단762
공무집행방해등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On February 2, 2012, Defendant A’s obstruction of performance of official duties: (a) around 15:55 on February 2, 2012, the Defendant obstructed the lawful execution of duties regarding D’s maintenance of order at D’s assembly site, in order to prevent the Defendant from entering the building in the course of a meeting opposing the reduction in the budget of the Disabled Life School in the Gyeongnam-do Office of Education in front of the entrance stairs of the Gyeongnam-do Office of Education in front of the Gyeongnam-do Office of Education.

2. Defendants’ general traffic obstruction in collusion with E, F, G, H, etc. on February 27, 2012 and from around 18:30 on the same day to around 18:30 on the same day, the Defendants obstructed traffic by: (a) resisting that the Office of Education attempted to interview with the superintendent of education in order to resist the reduction in the budget of the Gyeongnam-dong Office of Education in order to ensure that the Gyeongnam-do Office of Education would not have access to the Gyeongnam-dong Office of Education; (b) on the ground that the said Office of Education would not have access to the Gyeongnam-do Office of Education; and (c) allowing vehicles to pass through the 25 minutes in a manner

Summary of Evidence

1. Protocol of examination of the witness witness D;

1. Some of the statements made by the defendant A in a copy of the interrogation protocol of the prosecution;

1. A copy of the written statement by the prosecution against D, I and J;

1. Some statements among the copies of each police interrogation protocol of the Defendants, G, F, E, and H

1. A copy of each police statement made to D, I, and J;

1. Application of each statute on photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 136(1) of the Criminal Act (the point of obstructing performance of official duties), Articles 185 and 30 of the Criminal Act (the point of obstructing general traffic), the selection of each fine

B. Defendant B: Articles 185 and 30 of the Criminal Act; Selection of fines

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

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

4. The Criminal Procedure Act, each of the provisional payment orders.

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