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(영문) 대구지방법원 2020.09.25 2019노3748

공무집행방해등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Assembly and Demonstration Act due to the mistake of facts and the violation of the rules of observance by the Assembly and Demonstration Act, the evidence reveals that the court below found the Defendant not guilty of this part of the facts charged, unlike the recognition of identity between the instant assembly and the assemblies reported by AW, erred by misapprehending the legal principles and misapprehending the legal principles. 2) The sentence sentenced by the court below of unfair sentencing (6 months of imprisonment and 2 years of suspended execution) is too uneasible and unfair

B. As to Defendant 1’s act of obstruction of performance of official duties and injury around May 7, 2018, Defendant 1’s act was intended to resist and re-satisfy the Defendant’s assault against the police officer, and there was no intention of obstruction of performance of official duties and injury. Moreover, the Defendant’s exercise of force was minor that did not reach the degree of obstructing the police officer’s performance of official duties, and in light of the circumstances, it is not unlawful as it does not go against the social rules. 2) The sentence imposed by the lower court of unreasonable sentencing is too unreasonable.

2. Determination

A. As to the prosecutor’s assertion of mistake of facts and misapprehension of legal principles on the part of the facts charged in the instant case, the lower court found the Defendant not guilty of this part of the facts charged on the ground that the evidence submitted by the prosecutor alone, based on the circumstances stated in its reasoning, is insufficient to recognize that the above assembly is identical to the assembly reported by AW, and therefore, it cannot be deemed that the assembly organizer violated matters to be observed by the organizer by exceeding the reported place.

Examining the reasoning of the judgment below in comparison with the evidence duly adopted and examined by the court below, the above fact-finding and judgment by the court below are just and acceptable.