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(영문) 대구지방법원 2016.03.25 2015고단5769
일반교통방해등
Text

Defendants shall be punished by imprisonment for four months.

However, from the date of the final conclusion of the judgment, the Defendants are above one year each.

Reasons

Punishment of the crime

Defendant

A is the head of E Trade Union F Branch, and Defendant B is the head of the same branch site.

1. On April 24, 2015, the Defendants participated in the joint crime of the Defendants (Interference with general traffic) together with the members of the school-level joint and several conference at the school, which was organized by the National Headquarters of the Daegu-gu Regional Headquarters of the Democratic Labor Relations (hereinafter “4. 24. Around April 24.”).

Defendants engaged in an assembly and demonstration with 2,350 persons, such as a construction labor union group under the Democratic Labor Team, which participated in the above assembly from 15:23 to 16:30, and with 2,350 persons, the Defendants occupied the entire four-distance distance by holding the assembly and demonstration in the way of holding a pan-distance intersection or holding a letter relief.

As a result, the Defendants conspired with the participants in an irregular assembly and interfered with traffic by occupying the four-lanes of the four-lanes by using approximately 9,00 vehicles or about 12,00 vehicles per hour for about 7 minutes per hour.

2. On April 24, 2015, Defendant A (Interference with the performance of official duties and violation of the Assembly and Demonstration Act) committed an act of assaulting H in a way that the Defendant demanded the dissolution of the demonstration team against the Defendant’s slope H affiliated with the Daegu Suwon Police Station G, while leaving the demonstration at the place indicated in paragraph 1, at around 16:00, when: (a) the Defendant occupied the Defendant at the place specified in the foregoing paragraph (1).

Accordingly, the Defendant interfered with the legitimate execution of duties regarding the suppression of demonstration by the police officers, and at the same time, violated the rules of the participants in the assembly by assaulting at the scene of demonstration, etc.

3. Defendant B (Interference with the performance of official duties and Violation of the Assembly and Demonstration Act) (the Defendant occupied the four streets from the place indicated in paragraph 1 on April 24, 2015 at around 16:00 as above, and was engaged in the demonstration at the place indicated in paragraph 1 on April 24, 2015, the Defendant demanded dissolution against the Defendant’s seat, and entered the Defendant’s seat.

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