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(영문) 대전지방법원 2016.12.22 2016노227
특수공무집행방해등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the summary of the grounds for appeal (in fact-finding and misapprehension of legal principles), the purpose of establishing the instant tent was to achieve an illegal long-term agriculture, and the police officers' actions to prevent this was legitimate performance of their duties. Thus, the judgment of the court below which acquitted the Defendants is erroneous in misapprehending legal principles and erroneous in understanding

2. The summary of the facts charged is that Defendant A is the head of the G branch of the Korean Metal Trade Union, Defendant B is the secretary general of the G branch of the Korean Metal Trade Union, Defendant C is the Democratic Labor Union Head of H Headquarters, and Defendant D is the I non-regular workers union member of the Korean Metal Trade Union.

On March 31, 2014, the G branch of the National Metal Trade Union (Chapter A) organized an assembly of the "O-Woo-Woo-Woo-Woo resolution meeting" on March 31, 2014, and moved approximately 2.5 K m from the place to Q to the L delivery of approximately 30 members of the affiliated organization. At that place, the head of the metal Trade Union G branch of the metal Trade Union (Chapter A) took place the assembly by gathering about 30 members of the affiliated organization into the square, and moving around 2.5 Km from the place to Q.

In relation to the assembly of Defendant A and Defendant B in violation of the Assembly and Demonstration Act, Defendant A is the representative of the G branch of the National Metal Trade Union G branch of the above assembly, the organizer of the above assembly, and Defendant B is the person who held the assembly in collusion with Defendant A, such as taking the lead in the assembly at the time of the assembly, as the secretary of the National Metal Trade Union G branch of the above assembly, the organizer of the above assembly.

The Defendants, at around 18:30 on March 31, 2014, as if they were to undergo a normal assembly in Q, a place reported to be convened, in Q, and in order to prevent the use of long-term farming. Defendant B, who had seen a society, can interfere with the participants in the assembly by using microphones.

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