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(영문) 서울중앙지방법원 2018.11.01 2018노2195

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. From June 24, 2016, the Defendant indicated in the instant facts charged, the following seals:

6. By December 25, 200, he participated in an assembly of “F” (hereinafter “instant assembly”) held before the headquarters of the E-motor vehicle located in Seocho-gu Seoul Metropolitan Government.

The Defendant, around 01:00 on June 25, 2016, installed a steel-frame structure with a height of 6 meters above the ground (hereinafter referred to as “instant structure”) around the headquarters of the foregoing E-automobile (hereinafter referred to as “the instant structure”), and subsequently attempted high agriculturality to ensure the safety of participants, etc. in the assembly, etc., who installed a safety set around the instant structure and entered the 119 private bridge vehicles into the assembly, thereby hindering the assembly.

주장하며 경찰관들이 소지하고 있는 방패를 잡아당기고, 서울지방 경찰청 소속 순경 피해자 H(28 세) 의 뒷목 옷깃 및 어깨 부분을 잡아 당겨 바닥에 넘어뜨린 후 발로 얼굴을 세게 밟고, 위 경찰청 소속 순경 I의 머리를 손바닥으로 때리고 발로 배를 걷어찼다.

As a result, the Defendant interfered with police officers' legitimate performance of official duties in relation to the protection of the lives of the people and suppression of crimes, and at the same time, the Defendant inflicted an injury on the victim H, face and kneeeel, etc. with which the number of days of treatment

2. Defendant’s assertion and summary of the original judgment

A. The summary of the defendant's assertion is that the participants of the assembly surrounding the structure of this case at the time of the assembly of this case enter the participants of the assembly to install air bags, etc. around the structure of this case, and use air bags, etc. to force the participants of the assembly to use air bags, etc. (hereinafter "execution of this case") cannot be deemed legitimate performance of official duties. The defendant attempted to interfere with or cut off the failure possessed by police officers, such as patrolman H and I, and to get out of the mother, and there is only a fact that he attempted to do so in the process of opposing the execution of this case. It is part of the facts charged.