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(영문) 창원지방법원 진주지원 2016.02.19 2015고단868
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the chief of Trade Union D Construction Machinery D.

On May 19, 2015, at around 12:03, the Defendant participated in the 23 Doha-dong, Hadong-dong, Hadong-dong, Sin-dong, Sindong-dong-dong, Hadong-dong, at the conference of the resolution for the dispute over the right to life of construction workers held by 300 members in front of the 23 Doha-dong-dong, Sin-dong-dong, Sindong-dong, the Defendant called the head of the Gun to hold an interview, attempted to enter the Gun as well as the above union members, and prevented the police officers from entering the interview, and assaulted the police officers at two or three times at the right level of the Gyeongnam-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Sin-dong, Sin-dong.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of the Acts and subordinate statutes to use violence photographs, field photographs, and documentary video CDs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentence recommended on the sentencing criteria [type determination] that does not hinder the performance of official duties (a person subject to special sentencing] during the period of obstructing the performance of official duties, and (b) imprisonment for not less than six months but not more than one year and not more than four months;

2. In this case, a sentence of sentence was rendered by the defendant with the participants in the assembly, and the police officers were forced to stop the defendant from entering the Hadong-dong Military Office and interfered with it and assaulting the police officers as drinking, and the purpose of the assembly present at the time was legitimate or imminent;

Even if emphasizing only the legitimacy of the purpose, the act of assaulting a police officer who is performing his or her duty at an implied time and causing damage to his or her official duty cannot be easily accepted.

In addition, the attitude to carry out his own will through a domestic violence demonstration or an illegal demonstration is an element of deepening social conflicts and hindering the entry of mature democracy into society, and the defendant and the participants of the assembly had been involved.

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