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(영문) 서울고등법원 2017.04.14 2016노3635

특수공무집행방해치상등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) The police who attempted to dissolve a participant on May 1, 2014, including members of the National Association for the Elimination of Discrimination against Persons with Disabilities (hereinafter “former Year”) for the following reasons as to the interference with the performance of special official duties as to paragraph 1 of the criminal facts in the judgment of the court below, is unlawful.

Therefore, the defendant assaulted police officers by setting up against it.

Even if it does not constitute a crime of obstructing the performance of special duties.

① The Defendant and the former president’s members, etc. were in operation from the Seoul Station plaza to the annual building as originally reported by the organizer of the said assembly, and it was merely the choice of a route different from the organizer, and the difference is insignificant, and the Defendant et al. occupied the previous lane at the time when the event was committed.

It is difficult to see that there are several lanes in the reported place, and it is nothing more than that. ② The police did not follow the dissolution procedure prescribed in Article 17 of the Assembly and Demonstration Act (hereinafter “the Assembly Act”) in the course of forced dissolution of the above participants in the assembly.

B) In general traffic obstruction (1) The Defendant et al. did not deviate significantly from the scope of the initial report, thereby resulting in traffic interference.

Even if general traffic obstruction is not established, general traffic obstruction is not established.

(2) The defendant was an assistant of the disabled who participated in the above assembly, and did not directly participate in the above assembly but did not have intention to interfere with general traffic.

(3) The Defendant’s act constitutes a justifiable act that does not go against the social norms to protect the socially weak, who is a disabled person, under the Civil Act, the Criminal Act or the Act on Assistance to Activities of Persons with Disabilities, or an activity that is an activity assistant.

2) On June 5, 2014, the crime No. 2 of the lower judgment as indicated in the lower judgment: (a) obstructing the performance of special official duties for the following reasons.