2018 Highly 593 A. Injury resulting from special obstruction of performance of official duties

(b) Concealment of special goods for public use;

(c) Damage to special property;

(d) Performance of official duties;

(e) Violation of the Assembly and Demonstration Act;

1.(a)(c)(d)(ma);

A

2. (a) B

3. (a) C.

4. A. E. D.

5. b. E.

Freeboard and after the prosecution, the trial shall be held.

Law Firm Gwangju (for Defendant A)

[Defendant-Appellee]

Attorney Tae Tae-hun (Defendant B, C, D, and C)

November 2, 2018

Defendant A shall be punished by imprisonment for two years, by imprisonment for two years, by imprisonment for one year and six months, and by a fine of three thousand won,00,000 won for Defendant A.

Where Defendant E fails to pay the above fine, the above Defendant shall be confined in a workhouse for a period calculated by converting KRW 100,000 into one day.

However, from the date this judgment became final and conclusive, the execution of each of the above punishment shall be suspended for three years for Defendant A, Defendant B, C, and D for two years.

To order Defendant E to pay an amount equivalent to the above fine.

Criminal facts

Defendants are participating in assemblies for the purpose of social constitutional amendment, such as the opposition to the amendment of the socialist Constitution, the current regime, the former president’s imprisonment of 30 years, and the strengthening of Korea-U.S.A.A., which was hosted by the F (hereinafter referred to as “F”) from around 13:0 on March 1, 2018.

1. Defendant A

A. At around 17:58 on March 1, 2018, 3,000 members, etc. of the Seoul Jongno-gu Sejong Cultural Center, including members of the Fund for Special Destruction and Damage of Goods, were able to raise a candlelight sculpture in an amount of KRW 50 million at the market price, which is owned by the victim H, etc., installed on the entrance and exit passage of the central plaza of the luminous square at the end of the entrance of the entrance of the entrance, the harming the luminous square by the victim H, etc., and the participant candlelight in an assembly. The name of the person who was 3,000 persons, including the members of the Seoul Jongno-gu Sejong Cultural Center, was removed from the decorations and other plants such as the yellow dle, etc. attached to the above sculpture, and the part of the above sculpture was destroyed by the passage of the 3m immediately below the upper end of the square.

At around 18:04 of the same day, the Defendant appeared to witness the above-mentioned chapters in the vicinity of the Manae Party located in 172 in Jongno-gu Seoul, and instigated the participants in the assembly by going beyond 172, and continued to damage the above-mentioned sculptures along with multiple participants in the assembly by going beyond 18:04.

As a result, the Defendant destroyed the sculpture owned by the victim by showing multiple power.

B. Performance of official duties

At around 18:20 of the same day, the Defendant: (a) 18:20 of the same day, at the vicinity of the entrance of the Marshion Party, and (b) 18:20 of the same day, the Defendant shacked the police officer’s cambling, scambling, scambling, and scambling, which was in charge of maintaining order at the assembly site, such as gathering of illegal acts by the participants who damage the above sculptures, such as paragraph (a) cambling, and scambling, etc.; and (c) cambling the cambling of the police officer’s cambling, which was in the process of performing the same official duties, by hand, while continuing to perform the same official duties. Accordingly, the Defendant interfered with the police officer

(c) Concealment of special goods for public use;

On the same day, the Defendant discovered a reduction of the number of participants in assemblies of the Seoul Metropolitan Police Agency L, which caused damage to the above sculptures, and attempted to seize the above-mentioned cameras, and notified several times by police officers including M, of the fact that they are performing official duties in police status as police officers, the Defendant: (a) sound around the above M in order to seize the above Ma cameras; (b) obstructed the course by cutting off the Mascas in the vicinity of the above M; and (c) assaulted the M with many participants in assemblies, including B; and (d) during that process, the Defendant seized approximately 20 meters away from the Mascas, moving the violence to the Mascas; and (b) concealed it from the above public office to the above public office using the Kameras in preparation for damage to the Kameras; and (c) concealed it from the Pomeras, the Defendant concealed it to the above public office using the Pomeras, and then concealed it from the Pomeras.

2. Defendant E - The concealment of special goods for public use.

On March 1, 2018, the Defendant discovered the mitigation of M belonging to the Seoul Regional Police Agency Lane, where many participants engaged in assembly at the Central Span of the Madial Span around 18:21, the Defendant: (a) informed several police officers of the fact that the above form was in performing public duties as police officers; (b) in order to seize A’s Madles as “Catra” in the vicinity of A, “Catra,” and sound the above M in order to take the Madles as police officers, and obstructed the course by cutting off B and other participants of assembly; and (c) during that process, the Defendant seized approximately 20 meters away from the Madles in motion of assault to use the Madles, and then concealed it from the Podles in preparation for the use of the Madles, and then concealed it from the Podna by means of concealing it to the public police officers.

3. Joint criminal conduct of Defendant A, B, C, and D – Injury resulting from special obstruction of performance of official duties.

At around 18:21 on March 1, 2018, the Defendants discovered the mitigation M belonging to the Seoul Provincial Police Agency, which took place by many participants of assemblies who damage sculptures, such as 1-C. At that time, the police officers around M et al. notified M on several occasions that M were performing legitimate duties in police officers’ status. However, Defendant A, Defendant A, Defendant A, Defendant A, Defendant B, C, and D, Defendant C, and multiple participants of assemblies, were cut back with M in line with M. M. In order to avoid the scene of violence with other police officers; Defendant D’s head was sealed as his flag; Defendant C et al., Defendant C et al., Defendant M et al., Defendant C et al., Defendant M et al., Defendant C et al., Defendant C et al., Defendant M et al., Defendant M et al., Defendant C et al., Defendant M et al., Defendant C et al., and Defendant C et al., Defendant C et al., Defendant al.

As a result, the Defendants used multiple force to assault police officers M to interfere with legitimate execution of duties concerning evidence collection activities and maintenance of order at the assembly site, and caused the injury of the victims.

4. Joint Offences by the Defendants - Violation of the Assembly and Demonstration Act

No person who participates in an assembly or demonstration shall disturb order by means of violence, intimidation, damage, fire prevention, etc.

Nevertheless, on March 1, 2018, the Defendants participated in an assembly for the purpose of the amendment of the Socialist Constitution, such as the opposition to the amendment of the Constitution, the current regime, the former president’s imprisonment with labor for 30 years, and the strengthening of Korea-U.S.A., Defendant A, B, C, and D, together with other participants in the assembly, commit assault against the police officers who engaged in documentary evidence as prescribed in paragraph (3). Defendant A, and E, as prescribed in paragraph (2), committed assault against the police officers who engaged in documentary evidence activities, such as hiding, hiding, and hiding. Accordingly, the Defendants committed an act that disturbs the order by causing violence, damage, etc. in collusion with multiple participants in the assembly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of M, J, I, Q, R, and S (including copies thereof);

1. Analysis of documentary evidence and CD photographs, analysis of documentary CD CD images, additional confirmation of victims, and T video images: the analysis of the removal-2 (this image shall be visible to the end) of the Sewol ferry lives tower, and each investigation report (B mobile phone siren analysis, details of allocation of documentary evidence, records of allocation of documentary evidence, such as collection of documentary evidence, and records related to A, A, a suspect, who additionally assaults a police officer with a candlelight and additionally assaults a police officer, accompanied by a photograph of each suspect’s taking-off photograph, and a photograph of taking-off of each suspect);

1. A written diagnosis of injury;

Application of Statutes

1. Article applicable to criminal facts;

A. Defendant A: Articles 369(1) and 366 of the Criminal Act; Article 136(1) of the Criminal Act; Articles 144(1) and 141(1) of the Criminal Act; Article 144(2) main sentence of Article 14(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 24 subparag. 5, Articles 18(2) and 16(4)2 of the Assembly and Demonstration Act; Article 30 of the Criminal Act

B. Defendant B, C, and D: the first sentence of Article 144(2) and (1) of the Criminal Act; Article 136(1) of the Criminal Act (a) of the same Act; Articles 24 subparag. 5, 18(2), and 16(4)2 of the Assembly and Demonstration Act; and Article 30 of the Criminal Act (a point of disturbing public order). Defendant E: Articles 144(1) and 141(1) of the Criminal Act; Articles 24(5), 18(2), and 16(4)2 of the Assembly and Demonstration Act; Article 30 of the Criminal Act (a point of disturbing public order)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the crime of causing damage to a special material, the crime of obstructing performance of official duties, the crime of concealing each special material, the crime of concealing each special material, the violation of the Assembly and Demonstration Act, the crime of concealing each special material, the crime of causing damage to a special material, the crime of causing obstruction of official duties and the crime of causing injury to a special material, the crime of causing obstruction of official duties and the crime of causing injury to a special material,

1. Selection of punishment;

A. Defendant A: Imprisonment with prison labor for each of the crimes of concealing special goods for public use, damaging special goods for public use, and obstructing the performance of official duties

B. Defendant E: Selection of fine

1. Aggravation for concurrent crimes;

Defendant A: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravated Punishment for a Bodily Injury resulting from Special Obstruction of Official Duties)

1. Discretionary mitigation;

Defendant A, B, C, and D: each of the Articles 53 and 55(1)3 of the Criminal Code (see, e.g., taking into account each of the favorable circumstances among the reasons for sentencing below)

1. Detention in a workhouse;

Defendant E: Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

Defendant A, B, C, and D: each of the grounds for sentencing under Article 62(1) of the Criminal Code (The following consideration has been made again for each of the grounds for sentencing)

1. Order of provisional payment;

Defendant E: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. The scope of punishment by law;

(a) Defendant A, B, C, and D: Imprisonment with prison labor of one and half years from June to 22 months; or

(b) Defendant E: Fines not exceeding 15 million won;

2. Reference to the sentencing criteria (Defendant A, B, C, D1)2);

[Determination of Punishment] Type 1 (Bodily Injury or Injury resulting from Special Obstruction of Public Duty)

【Special Convicted Person】

[Scope of Recommendation] Two to Four years of imprisonment (Basic Area)

3. The freedom of assembly and demonstration, along with the freedom of expression, should be guaranteed as much as possible to function as a democratic community. However, in any case, assembly and demonstration should be lawful and peaceful, and the harmony with other legal interests should be sufficiently taken into account. However, in the course of the assembly of this case where some participants took part in the assembly of this case beyond the reported scope and take part in the operation of a candlelight sculpture that was installed in a luminous plaza, etc. with other participants in the assembly of this case, Defendant A took part in the operation of the above sculpture, etc., and prevented police officers from taking part in the operation of official duties. Furthermore, the above Defendant, Defendant B, C, and D took part in the operation of violence against police officers engaged in providing evidence, and Defendant A and E concealed the camera of the above police officers. In light of the background, means, and results of the crime by the Defendants, the degree of damage, etc., the crime and the degree of damage cannot be said to be less desirable.

However, the Defendants appears to have committed a crime by reporting, interesting, and destroying the above sculptures by other participants as simple participants in the assembly. Defendant A does not lead the overall crime of destruction, but does not focus on the tangible force used by Defendant A, B, C, and D to the above police officers and the degree of injury resulting therefrom, and the seized camera is not returned in the course of the investigation, and there is no substantial damage. The Defendants are recognized to have committed a mistake in this court, and in particular, Defendant A is in profoundly against the life of long-term detention. Defendant A, B, C, and D did not have criminal records exceeding fines, and Defendant E did not have criminal records and criminal records of the same kind exceeding fines.

In addition to these various circumstances, the sentencing conditions specified in the records and arguments, such as the defendants' age, character, conduct and environment, relationship to victims, circumstances after the crime, etc., shall be determined by considering the following factors.

The presiding judge and judges;

Judges Kim Young-ho

Judgment of the Prosecutor

1) The offense of violation of the Assembly and Demonstration Act against the above Defendants is not set with the sentencing criteria, and the ordinary concurrence with other crimes.

The sentencing criteria of this case are not applied in relation to the agreement, but the punishment causes the severe injury of special obstruction of performance of official duties.

reference to the recommended sentence shall be given.

2) The sentencing criteria do not apply to Defendant E’s crime of concealing special public goods.