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(영문) 서울중앙지방법원 2014.12.23 2014고정5107
특수공무집행방해
Text

Defendants shall be punished by a fine of two million won.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

[Status] Defendant A was working as the head of the Democratic Labor Relations Association E branch of the Association of Korea (hereinafter referred to as the “Private Labor Relations Association”); Defendant B was working as the head of the F branch of the Korea Civil Labor Relations Association; Defendant C was working as the head of the G branch of the Korea Civil Labor Relations Association.

【Criminal Facts】

Defendants are those who operated illegal street shops without obtaining permission from the Gangnam-gu Office in Gangnam-gu, Gangnam-gu, Seoul, with the permission of occupation and use of the Gangnam-gu Office, and have joined the Gangnam-gu, and have been organized against the imposition of fines for negligence by Gangnam-gu, the issuance of the guidance and the removal of the street stores.

1. Defendant B’s crime

가. 피고인은 2013. 2. 26. 15:00경 서울 강남구 H에 있는 I 상점 앞길에서 계란빵집, 떡볶이집 등 불법노점 철거 대집행을 하러 나온 강남구청 건설관리과 J 소속 공무원 K 등 7명과 용역원 26명을 상대로 민노련 회원 약 30여 명과 함께 몰려들어 마구 욕설을 퍼부으며 용역원들의 멱살을 잡아 흔들고, 불상의 민노련 회원은 용역원 L의 얼굴에 휘발유를 뿌리며, M은 철거 중인 손수레를 잡아끌고, N는 단속차량인 O 화물차 밑으로 기어들어가 운행을 하지 못하게 하였다.

Accordingly, the defendant conspiredd with about 30 members of the N and M, and interfered with legitimate execution of duties concerning the construction and management of the Gangnam-gu Office and the crackdown on the occupation of public officials belonging thereto.

B. On February 27, 2013, at the same place as the preceding paragraph, the Defendant, at around 15:30 on February 27, 2013, carried out a vicarious removal of illegal labor points, such as a typhousehouse, and the construction and management of the Gangnam-gu Office and 7 public officials of the J and 26 service personnel, including K, and approximately 30 members of the J, including M and N, engaged in a bath-gu bath, and led the service personnel to wear down the removed fingers.

Accordingly, the defendant, in collusion with about 30 members of M and N, is justified in relation to the construction and management of Gangnam-gu Office and the crackdown on the street occupation of public officials belonging thereto.

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