공무집행방해
All appeals by the Defendants are dismissed.
The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) is unlawful in the formation of a unification by the public officials belonging to the Gu office in Seoul, common to the Defendants, for the following reasons, so the acts of the Defendants against this is not committed a crime of obstructing the performance of official duties
Since the act of construction of the building of this case creates new shape beyond the removal of red water, etc. that obstructs the passage of roads, it exceeds the authority of administrative vicarious execution under Article 74 of the Road Act.
The act of creating the chemical team of this case has an obvious purpose to interfere with the assembly reported lawfully, and violated the procedure of filing a lawsuit under the Cultural Heritage Protection Act.
Defendant
A At the time the Defendant A spreaded his soil to the N of the public official, the N of the public official completed the administrative vicarious execution and performed any other act, such as evidence, and thus, the above Defendant obstructed the Defendant’s act of creating a flower by the N of the public official.
subsection (b) of this section.
Defendant
A, with the intention of preventing the creation of a crepane, a public official assaulted a public official because he or she has taken the insertion from his or her work to spread a seed to the road.
There was no intention to commit violence.
Defendant
A was arrested in the act of committing an act in violation of the Act on the charge of damaging the chemical team. Since the act of damaging the chemical team and obstructing the performance of official duties are not recognized to be identical, the arrest of police officers in the act of committing an act in violation of the Act on the Arrest of Police Officers is illegal. Therefore, the act of the above defendant
Judgment
When considering the following circumstances acknowledged by the evidence duly adopted and investigated by the court below on the Defendants’ common assertion, the act of creating a unification by public officials belonging to the Gu office in Seoul is lawful.
The act of creating the chemical group of this case is based on the road management authority of the road management agency, and is going through the process of the assembly by installing a flower at the adjacent part of the Seocho-do, cultural property, and the place of assembly, which is the cultural property and the place of assembly, to form a buffer space.