2. The defendant shall be punished by imprisonment with prison labor for eight months;

73 days of detention before pronouncement of the judgment below shall be included in the above sentence.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

One copy of the seized pollbook and ten copies of the ballot paper shall be confiscated.

Of the facts charged of this case, the obstruction of performance of official duties is acquitted.

A. Defendant

(1) mistake of facts or misapprehension of legal principles as to each violation of prohibition of collective action.

Each of the above acts is an act for the public interest, and the defendant is a full-time employee, and thus it cannot be deemed that he violated the duty of full-time care by committing the above acts, the court below found the defendant guilty of the remaining facts charged.

b. misunderstanding of facts as to the obstruction of performance of official duties

The Defendant merely entered a public service center after the conclusion of a dispute between the labor union members and the executive officers including Nonindicted Party 1, etc., and did not have a public service center at the time of the said dispute, the lower court found the Defendant guilty of the above part of the facts charged.

【Unjustifiableness

In light of the circumstances such as the background leading up to the instant crime, the punishment of the lower judgment is too unreasonable.

(b) Prosecutors;

In light of the contents of the instant crime and the degree of the Defendant’s commission of the instant crime, the sentence of the lower judgment is too uneasible and unreasonable.

2. Judgment of party members

A. As to the assertion of mistake of facts and misapprehension of legal principles as to each violation of prohibition of collective action

Comprehensively taking account of the evidence duly examined and adopted by the court below, the so-called "Korean Public Official Workers' Union" (hereinafter referred to as the "Special Labor Union") is an organization aimed at guaranteeing the right of collective action, etc. of public officials legally prohibited under the law. The defendant, as the chief of the headquarters of the Daegu-Seoul Northern District Headquarters at the time, and the head of the Dong/Dong branch, committed each collective act in the judgment of the court below with public officials as well as the members in the process of achieving the above purpose; even if the defendant was directly engaged in such activities, the fact that the public official in charge of administrative data management in the Daegu-gu Dong-gu Office has been severely engaged in the duties to be performed by the public official in charge of administrative data management; and it is true that the above fact is that the above fact is that the public official's act is conducted outside working hours in principle, and the Enforcement Decree of the Act on the Establishment and Operation of the Public Officials' Council, which is the law to guarantee the basic labor rights of public officials, and that the public official in exclusive charge of the work of the workplace does not permit.

B. As to the assertion of mistake on the obstruction of performance of official duties

(i)The facts charged

At around 12:00 on November 8, 200, the Defendant reported the guidelines for the major labor union strike posted on the homepage of the Daegu-dong branch office of the Daegu-gu Dong-gu Office civil petition office of the Dong-gu Office, and obstructed the legitimate performance of public duties for the executive officers, including Non-Indicted 1 of the autonomous administration division, who directed civil petitioners, and Non-Indicted 2 of the Information and Communications division, and Non-Indicted 2 of the Information and Communications division, in order to fill up the business gap due to the suspension of the mid-time work of the union members at the time, and thereby interfered with the legitimate performance of duties for the executive officers, including the guidance of civil petitioners and the issuance of civil petition documents by hand.

D. Judgment of the court below

On November 8, 2004, the court of original judgment, based on the following evidence, found the above facts charged, and found the defendant guilty to the effect that "the defendant interfered with the legitimate performance of public duties concerning the guidance of civil petitioners and the issuance of civil petition documents by the executive officers, including the director of the autonomous administration division, the director of the information and communication division, the non-indicted 1, who directed civil petitioners, and the non-indicted 2 of the information and communication division, in order to fill up the business gap due to the suspension of the work hours of the union members at the public service center of Daegu-gu Dong-gu Office around 12:0, 200 and the non-indicted 1, who provided the civil petitioners, and the executive officers such as the non-indicted 2, who provided the civil petitioners with the civil petitioners."

【Judgment of Party Members】

In light of the records of this case, the defendant was engaged in the activities to raise the general strike atmosphere, such as preventing civil petitioners from entering the public service center in Daegu-gu from entering the entrance, or dividing the promotional materials of the "comfort of during food hours" into the civil petitioners, in accordance with the major labor union's guidelines to take place a strike to suspend the middle-time service of the general strike, and the defendant was directed the civil petitioners in the public service center. ② On August 12, 200 of the above facts charged, the defendant was 10 members of the public service center of Daegu-gu and 10 members of the public service center, and the public officials of the public officials of the public service center of 10 members of the public service center directly announced the civil petitioners, and ② the defendant was 10 members of the labor union and 10 members of the public officials of the above public officials of the public service center of Daegu-gu as members of the public officials of the public service center, who were subject to the above removal of the above public officials of the public officials of Daegu-gu 200 members of the civil petition.

The crime of obstruction of performance of official duties is established by assaulting a public official who performs official duties or threatening the public official to inform the harm and injury that may cause him to capture. In this case, in light of whether the defendant or the labor union members committed assaulting the public official's body as stated in the facts charged, each statement made by the investigation agency of the defendant or the labor union members in compliance with the above statement made by the non-indicted 1 and 5 is difficult to believe in light of their respective statements made by the prosecutor's office after the prosecution of the non-indicted 2 and there is no other evidence to acknowledge it, and ② Whether the defendant or other labor union members made intimidation by threatening the public official as described in the facts charged, as seen earlier, the defendant or the other labor union members first removed the public official in whole, and it is recognized that the defendant and the non-indicted 2 expressed that "the defendant and the labor union members were the public official's desire to be the same as the disease," and that only the defendant and the labor union members were the public official's desire to feel, and that the above circumstances and the non-indicted members were the public officials' desire.

Therefore, despite the absence of proof of a crime, the court below found the defendant guilty of the above facts charged in violation of the rules of evidence or by misapprehending the legal principles on intimidation of the obstruction of performance of official duties.

x Conclusion

Therefore, the judgment of the court below that sentenced one punishment on the whole of the facts charged in this case, which are concurrent crimes under the former part of Article 37 of the Criminal Act, cannot be maintained for the above reasons. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without any further determination on the grounds for appeal on unfair sentencing by the defendant and prosecutor, and is

(a) Violation of prohibition against collective action: Articles 82 and 58 (1) of the Local Public Officials Act;

(b) Possession of a unreported outdoor assembly or demonstration: Articles 19(2) and 6(1) of the Assembly and Demonstration Act;

2. Selection of species;

Each Imprisonment Selection

3. Aggravation of concurrent crimes;

Article 37 (Aggravation of Penalty for Violation of the Assembly and Demonstration Act, which is the most severe Punishment, Articles 38 (1) 2 and 50 (Aggravation of Penalty)

4. Calculation of days of detention;

Article 57 of the Criminal Act

5. Suspension of execution;

Article 62 of the Criminal Act

6. Confiscation;

Article 48 (1) 1 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges Kim Chang-sub (Presiding Judge)