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(영문) 서울중앙지방법원 2018.07.05 2017노4179

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) (hereinafter “B”) is as follows: (a) an offender against C Chairperson C by the Chairman of C, the prevention of danger and injury to C Chairperson; and (b) the maintenance of order by preventing unauthorized intrusion into H; and (c) the suspension of “minimum prescribed in Article 3 of the Act on the Performance of Police Officers’ Duties; (b) the execution of official duties by a police officer who committed an act; and (c) the Defendant’s act of assault against such a police officer constitutes a crime of interference with the performance of official duties; (d) the lower court acquitted the Defendant of the facts charged of the instant case, thereby adversely affecting the conclusion of the judgment.

2. The facts charged in this case and the judgment of the court below

A. On November 14, 2015, the chairman of the instant facts charged / B B (hereinafter “B”) / From the front side of the D Building in Jung-gu Seoul, Jung-gu, Seoul around November 14, 2015, the police officers were at least 30 members of the E-trade union F branch of the E-trade union under B, and escaped to the press labor union office located on the 18th floor of the D building.

Since then, C participated in the general public meeting held in Seoul Square on the same day, and went into H located in Jongno-gu Seoul Metropolitan Government on November 16, 2015, after this framework, around 22:30 on November 16, 2015. Accordingly, police officers executed the warrant of arrest of C, and police officers were working for H in order to block the attempt to escape C by entering the Seoul Jongno-gu Seoul Square.

【Criminal facts constituting the Defendant: (a) while entering H on November 28, 2015 in front of around H, the Defendant: (b) deemed that the Defendant and the Defendant, at night, who had been working as a police officer of the Seoul Regional Police Agency I, wishing to enter the H into the Ha with a mother and her mother and her mother-child her mother-child her mother-child her mother-child her mother-child her mother-child her mother-child her mother-child her mother-child her mother-child her mother her mother-child her mother her mother-child her mother her mother-do,