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| TITLE | Supreme Court Decision 2010Do13609 Decided June 13, 2013【Obstruction of Performance of Official Duties, Destruction of Public Goods, Obstruction of Order at a National Assembly Floor】 [full Text] |
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| Summary | |
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[1] In a case where Defendants (Gap party employees), et al. destroyed the entrance to the National Assembly Standing Committee on Foreign Affairs and Trade conference room and the pieces of furniture piled up inside the entrance for the purpose of gaining access into the barricaded conference room, and sprayed water inside the conference room to disturb the parliamentary deliberation, the case holding that Defendants’actions of destroying public goods and obstructing order at the National Assembly floor cannot be evaluated as legitimate acts where unlawfulness is negated, nor as those qualifying as “acts performed in order to avoid impending danger” [2] Whether a National Assembly security guard (whose duty to guard the National Assembly)’s act of preventing National Assembly Standing Committee assemblymen from entering the conference room is legitimate (negative in principle) [3] In a case where Defendants (Gap party employees), et al. committed the act of assaulting security guards stationed in front of the conference room by pulling their clothes or pushing them in order to shove them, the case holding that the act does not constitute an obstruction of performance of official duties because it was a mere resistance against public servants performing illegiti-mate duties |
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