logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.10.27 2019노2205
공무집행방해등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants (misunderstanding of the legal principles as to the crime of obstruction of performance of official duties) confiscated the Defendants’ assembly articles on the basis of the National Assembly Building Management Regulations, but the National Assembly Building Management Regulations are merely an administrative rule that has no external binding force, and do not grant the authority to seize assembly articles anywhere in the National Assembly Building Management Regulations. Therefore, the act of the victimized public officials’ seizure of such articles constitutes an administrative compulsory enforcement immediately without any legal basis.

In addition, if it is recognized that the act of seizure of damaged public officials is legitimate, it is against the purpose of the Assembly and Demonstration Act.

Therefore, the defendants' act of seizure of the damaged public officials is illegal, and the defendants' act to oppose it does not constitute an obstruction of performance of official duties.

(b) Public prosecutor (unfair punishment): Ten months of imprisonment and two years of suspended execution;

2. Determination

A. According to the evidence duly admitted and examined by the lower court, determination 1 on the Defendants’ assertion of misapprehension of the legal doctrine is acknowledged as follows. ① The Defendants are “C” (hereinafter referred to as “C”).

A) On January 21, 2018, with the members of the Labor Relations Commission, the National Assembly held an assembly and demonstration by putting a banner and holding relief within the National Assembly assembly assembly. (2) The National Assembly Secretariat I, upon the delegation of the National Assembly Secretariat president, demanded the employees of C including the Defendants to leave the National Assembly, but failed to comply with the demand, and decided to hold it in front of the main office of the National Assembly. ③ Although Defendant A tried to put a banner together with other union members, Defendant A attempted to put it up with other union members. However, in order to restrain Defendant A from putting a banner, the defect in order to refrain from putting it on a banner, and the Defendants assaulted the said damaged public officials against it. (2) The relevant Acts and subordinate statutes are as shown in the attached Form.

3. The Speaker of the National Assembly shall make decisions.

arrow