2012 Gohap302A. Special obstruction of performance of official duties

(b) Damage to special goods for public use;

(c) Violation of the Punishment of Violences Act;

(d) Injury resulting from special obstruction of performance;

1.(c) A

2.c.(d) B

Han-hee (Public prosecution) and Jeon Soo-chul (public trial)

Law Firm C

Attorney CA, CB (for the defendant)

August 27, 2013

Defendant A shall be punished by imprisonment with prison labor for one year and by imprisonment for two years.

except that from the date this judgment became final and conclusive, two years for Defendant A, three years for Defendant B

The execution of each of the above punishments shall be suspended.

Defendant B shall be subject to probation and be ordered to provide community service for 80 hours.

Criminal facts

Defendant A is the representative of P Joint and Several, and Defendant B is the members of Q Joint and Several.

And D is the R Joint Representatives, E is the S Joint Representatives, F is the Q Joints Members, G is the R Joints Members, H and I are the P Joints Members.

On May 2007, R&C and its affiliated organizations established for the purpose of improving the treatment of disabled persons, from February 2, 201, demanded the expansion of auxiliary services for disabled activities, the establishment of family support centers for disabled persons, the establishment of Silcheon Sports Center from February 2, 201, and continued meetings with Chuncheon City, Chuncheon market meetings, visits, port visits, gratity, press opinion, etc.

1. Defendant A

A. Defendant A, from around 10:00 to around 18:00 on May 23, 2012, held a press conference with about 20 members, including H and I, in front of the present line of the Switzerland Viewing Party A, to urge Chuncheon to accept the above requirements, and did not comply with the request to leave from the J and K from around 18:00 on the same day, while he was carrying out a scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics, such as holding a scopic scopic scopic scopic scopic scopics to the first floor in this Sub-sections from around 20:40 on the same day, from May 24, 2012.

Defendant A, in collaboration with H and I, refused to comply with the demand to leave Chuncheon City for about 12 hours and 30 minutes.

B. Defendant A conspired with D, E, F, G, etc. to move into a market room for the purpose of undermining the pressure of Defendant A to accept his own requirements, and conspired with the members of the non-governmental organizations related to the disabled, around 10:50 on July 10, 2012, and attempted to move into a market room in front of the market room located in the second floor of the Switzerland-si, Cheongcheon-si, Cheongcheon-si, and attempted to enter the market room. Defendant A was pushed down with the police assigned for special guard and public officials in the Chuncheon-si, and Defendant D and G appeared to be above the market room next thereto, and E and F received wheel chairs, etc. from each of them, respectively.

Defendant A, together with D, E, F, G, etc., interfered with the legitimate execution of duties concerning the protection of office buildings and facilities of the police and the public officials in Chuncheon City.

2. Defendant B

Defendant B attempted to enter the market room with approximately 30 members, such as A, at the same time and place as set forth in paragraph (1)(b), and sucked or broken up the left hand of the victim L(37 years of age) of the police assigned for police assigned for Chuncheon to restrain this.

Defendant B, as such, had interfered with the legitimate execution of duties with regard to the protection of office buildings and facilities of the Cheongcheon Police and public officials, etc. in Chuncheon including the above L, while showing multiple power with A, etc., and caused injury to the above L during approximately five weeks of a number of units, such as a 5-day dyke frame, which requires treatment.

3. Defendant A and Defendant B

Defendant B, from 10:50 to 22:00 on the same day as paragraph (1) B, from 10:50 to 10:30 on the same day as paragraph (b) of Article 1, Defendant A, together with approximately thirty members, including D, E, F, and G, occupied the front corridor, market room, attached room, and requested the head of the autonomous administration bureau, the head of the general affairs department, and the head of the general affairs department, in response to the demand to leave the above market room.

The Defendants, in collaboration with D, E, F, and G, refused to comply with the request for eviction in Chuncheon.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness L, M and N;

1. Each police officer's interrogation protocol on H, I, G, D, E, and F;

1. Statement made by the police about 0;

1. Each image of the three CDs (Saly viewing CCTVs, etc.);

1. Each complaint letter, photograph (such as a press dog, response to evictions, etc.), official text requesting the withdrawal of office buildings, on-site photographs (CCTV);

1. A medical certificate;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 2(2) and 2(1)1 of the Punishment of Violences, etc. Act, Article 319(2) of the Criminal Act (joint withdrawal from office, choice of imprisonment), Articles 144(1) and 136(1) of the Criminal Act (special obstruction of performance of official duties, choice of imprisonment)

B. Defendant B: Articles 144(2) and 136(1) (a) of the Criminal Act; Articles 2(2) and 2(1)1 of the Punishment of Violences, etc. Act; Article 319(2) of the Criminal Act (a) of the Criminal Act (a violation of joint withdrawal, and choice of imprisonment)

1. Aggravation for concurrent crimes;

(a) Defendant A: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the weight of concurrent crimes with punishment stipulated for the heavier crime of obstruction of performance of special duties);

(b) Defendant B: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment for the crime of causing bodily injury resulting from the obstruction of performance of official duties to the punishment heavier than the punishment)

1. Discretionary mitigation;

Defendant B: Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act

1. Probation and community service order;

Defendant B: Article 62-2 of the Criminal Act

Judgment on the Defendants’ and defense counsel’s assertion

1. Defendant A

A. The assertion

(1) In the case of Article 1-B of the facts charged, there is no fact that Defendant A conspired with D, etc., or assaulted to the public official of Chuncheon viewing.

(2) In the case of paragraph (3), the fact that Defendant A had been engaged in Chuncheon viewing from July 10, 2012 to March 13, 2012 is true, or that Defendant A had come to the house of the above Defendant and returned to the market room on the following day at night, and there was no demand from the public officials in Chuncheon viewing to leave the market room.

B. Determination

(1) According to the above evidence, around 10:50 on July 10, 2012, R&C, which is a non-governmental organization related to persons with disabilities, and P&C members, who are members of the P&C, attempt to enter the Chuncheon market room and prevent them from entering the Chuncheon market room. Defendant A is the representative of the above P&C, Defendant A is the public official belonging to the Chuncheon City Office, such as the police assigned for Chuncheon, and Defendant A was removed from the members of the above non-governmental organization, and Defendant A was found to have entered the Chuncheon market room at the above date and place of police investigation. According to the above findings, Defendant G, D, E, and F, which are part of the members of the above non-governmental organization, recognized that the public official belonging to the Chuncheon City Office, including the police assigned for Chuncheon City, was able to accept the above non-governmental organization's entry into the government office room at the time and place of police investigation. Accordingly, Defendant GF, E, threat of force, and public official defense.

(2) According to the witness M and N’s each legal statement, the police statement of M, and the CD Chapter 3 (Scells, etc.) on July 10, 2012, N, a general secretary and employee of the above non-governmental organization, requested members of the above non-governmental organization to leave the market room before and after entering the market room, and the head of the administrative bureau of Switzerland-si requested members of the above non-governmental organization to leave the market room before opening the market room. The Defendants were in the market room, and the head of the non-governmental organization demanded several requests from the above non-governmental organization to leave the market site on July 13, 2012. According to the fact that the above non-governmental organization members occupied the market room, the head of the non-governmental organization and the head of the administrative bureau of Chuncheon-si, a general secretary of the non-governmental organization and the head of the non-governmental organization on July 13, 2012, the Defendants continued to comply with the above request to leave the market for the first 3rd time.

2. Defendant B

A. The assertion

(1 ) 제2항의 경우, 피고인 B은 위 일시, 장소에서 L 등 공무원들이 장애인들에게 물 리력을 행사하는 것을 말리고 넘어진 장애인들을 보호하였을 뿐 L의 왼손 손가락을 잡 아 꺽은 사실이 없다.

(2) In the case of paragraph (3), even though the defendant B was in the above date and place, there is no memory from the public officials in Chuncheon City.

B. Determination

(1) In full view of the witness L’s testimony, the three CDs (Sacheon View CCTV, etc.)’s images and diagnosis, Defendant B’s access to the Chuncheon market room, and caused L/W and body fighting, and during that process, Defendant B’s injury as described in Paragraph (2) of the holding, can be acknowledged. Accordingly, this part of the allegation is rejected.

(2) On July 10, 2012, N, a general secretary and staff member of the Chuncheon-si, requested members of the above civic group to go to the members of the above civic group before and after entering the market room, and the Director-General of the Chuncheon-si, the head of the administrative bureau requested members of the above civic group to go to the members of the above civic group before opening the door of the market room, as seen earlier, the Defendants were the defendants in the workplace, and the Chuncheon-si, and the Chuncheon-si, the members of the above civic group moved to the market room, and requested several demands from the head of the office of the office of the secretary, etc., and according to the above facts of recognition, it is sufficient to recognize that Defendant B was aware of and refused to comply with the demand for the withdrawal from the market room from 10:50 to 22:00, and therefore, this part of the assertion is not accepted.

Reasons for sentencing

1. Defendant A

(a) Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than 11 years and not more than 3 months;

(b) The reference sentencing guidelines for reference (the offense of violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act) shall not be applicable to the special obstruction of performance of official duties).

[Determination of Suspension of Performance of Official Duties] Obstruction of Performance of Official Duties

[Special Esponsor] Where the power of an organization or a group or a group or carries dangerous objects (a critical action)

[Scope of Recommendation] One year to four years (aggravating Area)

[General person who is sentenced to criminal punishment] None of criminal punishment (requirements for mitigation)

2. Defendant B

(a) Scope of punishment by law: Imprisonment with prison labor for not less than one year and not more than six months but not more than three years and not more than 17 months;

(b) Reference Sentencing (the offense of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) is not subject to the sentencing criteria for special obstruction of performance of official duties).

[Determination of Punishment] Injury or injury caused by the obstruction of performance of official duties by special obstruction of official duties

[Scope of Recommendation] Two to Four years of imprisonment (Basic Area)

3. Determination of sentence;

The Defendants’ act of interfering with the legitimate execution of their duties and refusing to comply with the request for the eviction of the Chuncheon City and occupying the Chuncheon market room, etc. is an act of causing confusions with public safety and order, and it is not justified even if the above legitimate purpose of realizing their states in a way that is not legitimate. The Defendants cannot be held liable to the Defendants.

Considering the fact that Defendant A’s leading the instant crime as a PJoint Representative, the nature of the crime is not somewhat weak, but has caused the instant crime for the purpose of improving the welfare of disabled persons as parents with disabilities, and that the said Defendant is the primary offender, etc., Defendant A is highly likely to be subject to criticism in light of the fact that there is no such an attempt to reflect his mistake or recover damage even though he had inflicted serious bodily injury on Chuncheon public officials in the course of the instant crime. However, Defendant B is highly likely to be subject to criticism in the process of spreading the said Defendant; Defendant A did not have any specific history of criminal punishment other than the one sentenced to a fine; Defendant A had no other history of criminal punishment; Defendant A had the purpose of improving the welfare of disabled persons like the disabled persons. In addition, taking into account the following factors, the sentence shall be determined as per the order, taking into account the Defendants’ age, character and behavior, environment and records, which are the conditions for sentencing as indicated in the records.

The acquittal portion

1. Summary of the facts charged

Defendant B, from July 11, 2012 to October 30, 13, 2012, occupied the above approximately 30 members, including A, D, E, F, and G, with the corridor in front of the above market room, market room, and attached room, and refused to comply with the request of the head of the autonomous administrative bureau, the head of the general affairs office, and the head of the general affairs office, etc., in response to the demand to leave the Chuncheon City.

2. Determination

However, the evidence submitted by the prosecutor alone is insufficient to recognize that Defendant B was in Chuncheon viewing from July 11, 2012 to October 30 of the same month, or that he was involved in the activities of members of the above civic group during the above period. Since there is no other evidence to acknowledge this, the facts of the public prosecution in this part constitute a time when there is no proof of criminal facts, and thus, should be sentenced to a non-violation under the latter part of Article 325 of the Criminal Procedure Act. However, as long as it is found to be guilty of violating the Punishment of Violences, etc. Act (joint withdrawal) in relation to the crime, the non-guilty verdict is not separately ordered.

Periodical (Presiding Judge)

Long-term Private Telecommunication

Freeboard Kim