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(영문) 서울중앙지방법원 2013.12.12 2012고단4829
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

Defendant

C A person shall be punished by imprisonment for not less than eight months.

However, for one year from the date this judgment became final and conclusive, the above sentence against Defendant C.

Reasons

Punishment of the crime

The Defendants are members of the E Association (hereinafter referred to as the “Association”), and as the judgment of confirmation of invalidation of election against F, the 10th president of the Association on October 28, 2010 became final and conclusive, the president of the Association became vacant, and the victim G, who was the president of the board of directors held on November 11, 2010, was appointed as the president of the E Association as the acting president, and had continued to perform the duties of the Association by occupying the building of the Association lawfully thereafter.

On January 11, 201, 201, 84 members of the Association who supported I at the 101 '1th Congress of Representatives', which was convened by an association auditor H, who was not authorized to convene a meeting, decided that G shall be non-Confidence and that I shall be elected as a temporary meeting, because there is a dispute between representatives whether to hold a re-election for all members or to conduct a special election for representatives.

According to the above resolution, the executives, employees, representatives, members, etc. of the Association who support I and I have moved to the Association to require G to resign from the position of the Chairperson. However, G, who became aware of this fact in advance, has prevented access to the Association of I by mobilization of more than 50 service employees.

Accordingly, the Defendants, as representatives of I and Association, served as the president of the J, K, L, M, N,O, P, Q, R, T, U, V, W, X, Y, Z, AB, and the director of the Association management office, who was dismissed under his authority on November 15, 2010, conspired in sequence to occupy the Association by infringing upon AC and Association members, AD, AE, AE, AF, AF, AH, AH, AJ, AK, AK, AL, AM and I Security Business, and 150 service employees, including the Association, officers, employees, and members, etc., who were mobilized through AP, the head of the headquarters of the above N, in order to occupy the Association without permission.

1. A violation of the Punishment of Violences, etc. Act (a collective action, a deadly weapon, a damage, etc. to property) and the Punishment of Violences, etc. Act (a collective action, a deadly weapon, etc.) are committed at an outdoor assembly;

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