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(영문) 서울중앙지방법원 2015.03.19 2014노4895
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The Defendant, from around 19:10 on December 22, 2009 to around 20:10, 80 members of the poverty society, etc., was present at an outdoor demonstration after leaving 2 flick cards with the content of “the blance of the homeless at a distance of 2009, the blance of the homeless, the anti-discriminatorys without discrimination,” and “the C regime that leaves the blicking of the deceased” in the Seoul 2009 at the Seoul chumle, thereby guaranteeing the human rights of the elderly. The Defendant, along with 80 members of the poverty society, etc., of the homeless.”

The head of the Seoul Special Metropolitan City Police Agency D police station D police officers to arrest the defendant as a suspicion of non-compliance with the order of dissolution, cut off the non-electric power from E’s shoulder, and then put the victim G(21 years of age) face at the seat of the same air force group with no electric power, put the victim G on the face of the 2-day inside the inside of the main body of the victim for two weeks, and continuously deprive the defendant as above, put him/her back with the electric power again.

The market has destroyed the fluorous electricity by breaking the fluoral glass to the floor and destroying the fluort electricity.

As a result, the Defendant assaulted police officers working on the scene to maintain order at the demonstration site, obstructed the legitimate performance of duties by police officers related to the arrest of flagrant offenders, and at the same time inflicted injury on the victim G, and damaged the above-free electricity, which is a public object.

2. The judgment of the court below

A. As to the damage to public goods, the lower court found the Defendant guilty of this part of the facts charged and sentenced a fine of KRW 500,000,000.

B. As to the obstruction of performance of official duties and injury, the lower court acquitted of this part of the charges for the following reasons.

(1) The chief of the South-North Korean document guard division requested voluntary dispersion on the ground that it is an illegal assembly that is not held at night, which is iced to a cultural system at night, around 19:45; the first dispersion order at around 19:45; the second dispersion order at around 19:50; and the third dispersion order at around 19:58; and the defendant is the defendant at around 20:15.

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