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(영문) 서울남부지방법원 2014.11.28 2014고단3781
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From September 14:00 on September 29, 2014, the Defendant participated in an assembly of the Radp truck resolution for the strike of dispute over the right to life of construction workers in the border area E, which is a member of the Radp truck D branch of the Korea Construction Workers' Group D branch.

As the Defendant attempted to enter a F factory less than 150 meters away from 30 meters away from the above conference place, the Defendant expressed that the Defendant “G used information of the Seoul Gangseo Police Station and the police officers affiliated with the Seoul Gangseo Police Station to maintain order at the above place,” and that it was unlawful for the Defendant to interfere with the foregoing G on the ground that “The act deviating from the reported place is illegal.” The Defendant expressed that the Defendant “Nekh, Ieh, Ieh, Ieh, Ieh, Ieh, Ieh, Ieh, Ieh, Ieh, Ieh, Ieh, Ieh, Ieh, Ieh, Ieh, Ieh, Ieh, Ieh, Ieh., Ie

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

2. The Defendant, in violation of the Assembly and Demonstration Act from September 11, 2014 to 14:00 of the same day, demanded compensation for dump trucking accidents at the F1strackers in Gangseo-gu Seoul Metropolitan Government E, and participated in the assembly of the resolution for the strike to strengthen the right to survival of construction workers in the border area.

A participant in an assembly or demonstration shall not commit any act that disturbs order by assault, threat, damage, fire prevention, etc., but the defendant violated the rules of compliance by assaulting police officers G belonging to the Seoul Gangseo Police Station, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G and I;

1. Application of the Acts and subordinate statutes concerning the place of report and a copy of a certificate of assembly report;

1. Article 136(1) of the Criminal Act of the corresponding Article 136 concerning criminal facts (the point of obstruction of performance of official duties), assembly and assembly;

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