공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal in light of the following facts: (a) at the time of the instant case, the Defendant was holding as well as the diskettes; (b) the police assigned for special guard G may take measures such as “satisfic response, prevention of entry into and departure from the business space,” and the Defendant failed to present a letter of invitation related to the event; (c) if the police assigned for special guard belonging to Seoul Metropolitan Government temporarily removed the Defendant’s office building in order to determine the possibility of demonstration inside the Defendant’s office building, the act within the legitimate authority of G is deemed legitimate execution of duties; and (d) comprehensively taking account of the evidence submitted by the Prosecutor, it may be recognized that the Defendant interfered with the legitimate execution of G’s duties related to the expenses of the office building by assaulting the Defendant, such as at the face of the G where the Defendant
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case on the ground that there is no evidence that the Defendant’s act of prohibiting access to the Defendant’s office building constitutes legitimate execution of duties.
2. Determination
A. The summary of the facts charged in this case is the head of the headquarters of the Group C Trade Union D.
On October 27, 2018, at around 11:25, the Defendant: (a) carried the printed matter, such as “E” in front of the applicant company in the process of exercising the “E” 110, as the Sejong-gu Seoul Central District Office, and carried the matter into the office building by carrying the printed matter, but (b) the public safety officer G belonging to Seoul Metropolitan Government could not enter the office building without carrying printed matter, and (c) prevented the Defendant from entering the office building.
The defendant continued to have G enter the office building without possessing printed materials, and G was confirmed as to whether the printed materials in possession are the printed materials that can be carried in the office building.