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집행유예
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(영문) 서울중앙지방법원 2008. 9. 11. 선고 2008고단4693 판결
[일반교통방해·공용물건손상·폭력행위등처벌에관한법률위반(공동상해)·공무집행방해·집회및시위에관한법률위반][미간행]
Escopics

Defendant

Prosecutor

Manwons

Defense Counsel

Law Firm Self-Governing Law Firm, Attorney Won-chan

Text

A defendant shall be punished by imprisonment for a year and two months, and a fine of three hundred thousand won.

Where a defendant fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 50,000 won into one day: Provided, That a fractional amount shall be one day.

The forty-five days of detention before this judgment is sentenced shall be included in the above sentence.

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

Seized evidence subparagraph 1 shall be forfeited from the accused.

In order to order the provisional payment of an amount equivalent to the above fine.

The defendant shall be ordered to provide community service for 80 hours.

Criminal facts

The defendant is a person who has no fixed occupation.

On May 6, 2008, a civil society organization with 1,500 U.S. beef import agreement entered into with the U.S. on April 18, 2008 was organized a "National Countermeasure Committee against the full import of U.S. beef at risk of Mad Cow Disease" (hereinafter referred to as the "Countermeasures Committee") for the purpose of organizing a strike against the import of U.S. beef at risk of Mad Cow Disease for the purpose of organizing the strike against the import of U.S. beef.

From May 2, 2008, the countermeasures conference led to the “candlelightlight assembly against the import of U.S. beef,” which was held in Seoul Cheong River square, etc. from May 6, 2008, followed the “candlelight assembly”. On May 24, 2008, the countermeasures conference held a candlelight assembly, which is an outdoor assembly, and tried to enter into the Cheong River as it was every day from May 24, 2008, after holding a candlelight assembly and then holding it every day from May 24, 2008.

On the other hand, on June 21, 2008, the government announced the results of additional negotiations on the expansion of import of U.S. beef, and on June 26, 2008, published the import sanitary terms of U.S. beef in the Official Gazette, the countermeasures conference continued to hold a candlelight demonstration by asserting that it was not an additional negotiation but a candlelight demonstration.

1. Participation in an assembly or demonstration or interference with general traffic after sunset from May 24, 2008 to May 25, 2008

A. On May 24, 2008, from around 18:40 to 21:25, the countermeasures conference took place with approximately 6,00 members of the Cheong River square in Jongno-gu Seoul, Jongno-gu, Seoul, in preparation for flock cards, diskettes, and flagpole, etc., a citizen movement took place by means of Nonindicted 3’s free speech, relief agenda, etc.

B. From among the participants in the assembly, approximately 200 persons, such as an Arara Lon Pis, etc., occupied the luxane located in Jongno-gu Seoul Metropolitan Government at around 21:25 during the assembly, and Nonindicted 1 of the Joint Situation Office of the Countermeasures Conference, the head of the Joint Situation Office of the Countermeasures Conference, “I would have been taking part in the progress of the audience.”

As a result, at least 2,50 up to 3,50 persons, who are non-indicted 2 and non-indicted 2, who are in the situation room of the countermeasures conference, moved along with the lanes located in Jongno-gu Seoul Metropolitan Government, such as the Madrogate building, Modernology, Maro 1-ro, westro 1-ro, westrogate park, the Crogate park, and the Sejongrogate, and the police prevented them from moving into the Embassy of the U.S. Embassy, and led them to a crogate, with the focus on the three-lane-ro lane, and led them to a dub demonstration.

On May 24, 21:35, from May 25 to May 25, 205:30, the participants continued to occupy and use the road front of the post office in the erode of the erode and the erode of the erode, the impeachment of erode, the canal opposition, etc. without holding the lanes. On May 24, 22:36 of the police, the first dispersion order at around 22:42, the second dispersion order at around 22:42, the third dispersion order at around 22:58, and the third dispersion order at around 8 hours at around 3:58.

C. From around 05:30 on May 4, 200, the Defendant participated in the candlelight assembly above, from around 21:25 to around 05:30 on the following day, the Defendant occupied the entire lane with the participants of the demonstration at the port of the demonstration zone from around 21:25 to around 25:30 on the following day, and occupied the front road in front of the office of luminousization, thereby making it impossible to pass the vehicle.

D. Accordingly, the Defendant participated in an outdoor assembly or demonstration after sunset, and interfered with the traffic of vehicles on a Sejong street in collusion with the participants in the demonstration.

2. Participation in an assembly or demonstration or interference with general traffic after sunset from May 31, 2008 to June 1, 2008

A. On May 31, 2008, from around 17:40 to 20:40, the countermeasures conference carried out the “candlelight lelelight assembly against the import of U.S. beef” by means of a relief proposal, such as a free speech of the members of the countermeasures conference and the participants in the assembly, while preparing for 38,00 handets, printed materials, flagpoles, etc. at the front of the Seoul square, the lane prior to the hotel of the Pladro, and the front lane of the City Council, and at the front of the City Council, 38,000 persons have installed stage vehicles, etc.

B. At around 20:40 on May 31, 200, approximately 29,00 participants in the assembly who completed candlelight assembly at the Seoul square, divided 50 members of the National Metal Trade Union, approximately 17,00 students of the Seoul Industrial University, and approximately 10,00 members of the National Metal Trade Union affiliated with the National Assembly Federation of the National Assembly of the Republic of Korea: 50 members of the union, and approximately 100 students of the Seoul Industrial University, were opened with the entrance of the entrance of the entrance, lot, hotel, Bank of Korea in front of the hotel, Bank of Korea, Bank of Korea route, street 2-ro, street 2-ro, paper 1-ro, paper 1-ro, inner-ro, o-ro, o-path, front of the East Cross, and approximately 12,00 members of the 12,00 members, who were in front of the conference, were sponsed by the impeachment, withdrawal of withdrawal, and impeachment, respectively.

On May 31, 23:10 on the following day from May 23:10 to June 04:30 on the following day, the 17,000 participants continued to occupy an exclusive lane in the vicinity of the subway station, luminous area, Dong branch of Dong, and the interior, and proposed relief such as “public announcement, withdrawal of negotiations, withdrawal of ebbbbging, and impeachment”, and attempted to enter the police station beyond the police bus by using a private bridge, and by using the police bridge, the police and the body of fighting were boomed with the police.

After that, from 04:30 to 07:55, approximately 2,50 persons who participated in the assembly did not comply with the order of dissolution issued by the police in the vicinity of the safe-sea, and occupied the previous lane and carried out relief, and the police and the body fighting.

C. On May 29, 200, the Defendant actively joined it and took part in the above candlelight meeting held at the Seoul Slelight, etc. from May 29, 2008, the Defendant moved together to the two-way kidles, Seoul Station, Guro, Doro, Sejong Doro, Dongcheon Doro, Span Doro, and Sporo, etc., and was unable to pass the vehicle on the above road by going out of the road and carrying out relief.

D. Accordingly, the Defendant participated in an outdoor assembly or demonstration after sunset, and interfered with the traffic of vehicles on a Sejong street in collusion with the participants in the demonstration.

3. Participation in an assembly or demonstration after sunset from June 21, 2008 to June 22, 2008, general traffic obstruction, and damage to public goods

A. On June 21, 2008, from around 19:25 to 20:50 on June 21, 2008, the countermeasures conference held a night candlelight assembly in which 9,600 people participated in the front lane of the front door of the Dong-dong located in Jung-gu Seoul.

B. On June 21, 200, approximately 9,600 participants who participated in the assembly after the end of the assembly moved along the lane from around 20:50 to around 21:30, and putting in parallel to the solar road and the Sejong-role road, and, at the same time, proposed relief, such as “child wave and candlelights continue to exist.”

The number of approximately 7,50 persons continued to occupy the lanes prior to the Sejong Road from around 21:30 to around 23:20, while loading sand in front of the police bus that has been installed with a tea wall, and the relief such as “breging, brus, the Commissioner General of the National Police Agency, and the violence police water.”

Then, about 7,00 persons from June 21 to June 22, 23:20 on the following day from June 23:20 to June 22, 08:15, respectively, occupy a lane prior to the Sejongrogate and combine police buses installed with a wall with a wire line, and damaged them by laying a hole on the front line and breaking a steel net.

C. After participating in the above candlelight assembly on June 21, 2008, the Defendant occupied 9,000 participants from around 20:40 on June 21, 2008 to around 22:0 on June 22, 200, and conducted demonstration, thereby making it impossible to pass the vehicle on the road. On the other hand, the Defendant destroyed 12,464,650 won of glass windows, fuel tanks, and typlates, etc. in the course of combining the police bus from the Sejong-ro to the line with the front line.

D. Accordingly, the Defendant participated in an outdoor assembly or demonstration after sunset, and in collusion with the participants in the demonstration above, obstructed vehicle traffic in the Sejong street, etc., and damaged public goods by destroying the police bus (vehicle registration number omitted) in collusion with the participants in the demonstration so that the repair cost equivalent to KRW 12,464,650 can be assessed (vehicle registration number omitted).

4. Participation in an assembly or demonstration after sunset from July 26, 2008 to July 27, 2008, general traffic obstruction, obstruction of performance of official duties, joint injury, and joint injury.

A. On July 26, 2008, from around 19:20 to 20:00, the countermeasures conference held a night candlelightlight meeting with the society of the society where the name cannot be known, among the participation by approximately 9,70 persons in the Cheong River square from around 19:20 to around 20:00.

B. On July 26, 200, approximately 3,00 participants who participated in the assembly after the completion of the assembly were engaged in providing relief by occupying the lane from July 26, 200 to July 27, 27, 200, such as Green Roster, paper 1 street, paper 1 street, paper 2 street, paper 2 street, and paper 3 street Roster.

C. On July 26, 2008, the Defendant participated in the above candlelight assembly from around 19:20 to 24:00, and occupied the front lane, such as the street along with the participants of the demonstration, and conducted demonstration to make the passage of the vehicle on the road impossible.

D. Meanwhile, around July 26, 23:35, the victim Nonindicted 4 (20 years of age) who was a police station affiliated with the Seoul Metropolitan Police Agency sought awareness that the police officer was arrested in the vicinity of the Bosari-ro 1 in Jongno-gu Seoul, Jongno-gu, Seoul, and sought to see that the victim tried to attract the victim to the victim, who was unable to know the name of the police officer, while entering the police station with the material source, while entering the police station.

At that time, the defendant was living together with the victim's shoulder, etc. and his name cannot be known, and the victim was living together with the victim's body when the victim's body, etc. was taken for about two weeks.

E. Accordingly, the Defendant participated in an outdoor assembly or demonstration after sunset, and conspired with the participants of the said demonstration in collusion with each other to obstruct the traffic of vehicles in the Sejong-ro, etc., obstructed the legitimate performance of duties by police officers in collusion with those who participate in an unlawful demonstration, and at the same time, inflicted an injury on the victim for about two weeks.

Summary of Evidence

1. Full confession and reinforcement evidence of the defendant (written evidence of each police statement of Nonindicted 5, 4, and 6, investigation report (written evidence of June 1, 200), investigation report (the following-aro suspect inducement report), summary of assembly status, reading photographs (in the form of damage inflicted on wire ropes), report on the occurrence of a collective violence case against the flag, police bond photographs, seized objects, pictures, seizure records, and estimates);

Application of Statutes

1. Article applicable to criminal facts;

Article 185 (Aggravated Obstruction of General Traffic - Selection of Imprisonment with prison labor), Article 141 (1) (a point of destruction of public goods - Selection of Imprisonment with prison labor), Article 136 (1) (a point of obstruction of performance of official duties - Selection of Imprisonment with prison labor), Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) (a point of joint injury - Selection of Imprisonment with prison labor) of the Criminal Act, Article 23 subparagraph 3 of the Assembly and Demonstration Act, the main sentence of Article 10 (Selection of Participation in Outdoor Assembly and Demonstration after sunset) of the Criminal Act, Article 30 of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the crimes of violation of the Punishment of Violences, etc. Act (joint injury) and the crimes of obstruction of performance of official duties in the market)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Article 62(1)(Article 62(1) of the Criminal Act is divided into several defendants, deposits a considerable amount of money to the victim non-indicted 4, and takes into account the initial

1. Social service order;

Article 62-2 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

It is so decided as per Disposition for the above reasons.

Judges Lee - Authority

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