A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles was committed by the Defendant on the date and time, place, etc. recorded in the instant facts charged, but there was no conspiracy with N, AD, etc., and there was no assault or intimidation constituting the elements of special obstruction of performance of official duties, and the Defendant’s act is justified as a legitimate act. 2) The sentence of the lower court on the grounds of unfair sentencing (a fine of five million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. 1) The judgment of the court below on the assertion of mistake of facts or misapprehension of legal principles by the defendant was made the same assertion as the reasons for appeal in this part of the court below, and the court below rejected the above assertion by the defendant in detail under the title of "the assertion that there was no violence or intimidation", "the assertion that there was no illegality", and "the argument that there was no illegality". 2) The conspiracy in the joint process of a crime by two or more persons is not required under the law, and the conspiracy in the joint process of a crime is a combination of intent to realize a crime by combining two or more persons to jointly process a crime and realize the crime. Thus, even if there was no conspiracy in the whole process, if there was a combination of intentions, it is established a conspiracy, and even if there was no direct participation in the conduct, even if there was no conspiracy, it is held liable as a joint principal offender for the act of another person (see, e.g., Supreme Court Decision 2005Do857, Jan. 26, 2006).