All appeals by prosecutors are dismissed.

A. Defendant 1) 1’s mistake of facts or misapprehension of legal principles as to funeral awareness obstruction (hereinafter “the deceased”).

(ii)an E Trade Union under the Korean Democratic Trade Union Federation (hereinafter referred to as the “Labor Union”) to which he or she belongs;

(2) The defendant's act does not constitute a obstruction of funeral under the Criminal Act, but does not constitute a obstruction of funeral under the Criminal Act, and there was no specific act of obstruction of funeral under the Criminal Act. ④ The defendant's act of passive obstruction of funeral under the K did not have awareness or intent to interfere with legitimate execution of public duties. ② The defendant's act of passive obstruction of funeral is a legitimate act under the Criminal Act. ② The defendant's act of exercising police power against the union members such as the defendant constitutes an unlawful execution of public duties under the premise that the act of the K's improper obstruction of funeral is a legitimate procedure. ③ The defendant did not have assault or assault the police officers, ④ The defendant did not have any intention to interfere with funeral ceremony under the Criminal Act. ④ The defendant's act of passive obstruction of performing public duties constitutes a legitimate act under the Criminal Act. < Amended by Act No. 1060, Mar. 2, 2008>

3) Taking into account the various circumstances of unfair sentencing, the sentence of the lower court (two months of imprisonment and two years of suspended sentence) is too unreasonable. B. The prosecutor (the sentence of the lower court sentenced to the imprisonment and two years of suspended sentence) is too uneasible and unfair.

2. Determination

A. Article 158 of the Criminal Act provides that ① or ③ Judgment on the assertion of the crime of interference with funeral ceremony shall be made.