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The judgment below
The guilty part shall be reversed.
Defendants shall be punished by a fine of KRW 3,000,000.
The defendants are the defendants.
Reasons
1. Summary of grounds for appeal;
A. Defendants 1) The grounds for appeal filed on May 18, 2012 after the lapse of the period for submitting an appeal by mistake of facts and misapprehension of legal principles are determined within the scope of supplement to the grounds for appeal. (A) The Defendants’ assault and intimidation by the Defendants were conducted in the process of setting up against the police officer’s access to the prime audience and the suppression of assemblies. Examining the circumstances of the instant case, the Defendants’ act of police officers preventing the participants from entering the viewing audience was a direct opportunity for police officers’ access to the viewing audience. Accordingly, the police officers’ act of obstructing the participants from entering the assembly as to their interview or delivery with the market did not meet the requirements for immediate compulsory performance. Since the remaining participants moved to the viewing audience to the viewing audience for viewing by the delegation, due to unfair restraint, it does not constitute an act clearly deviating from the scope of the purpose, date, place, method, etc. reported in light of the developments of movement, distance of movement, etc., and thus, the remaining participants’ act of compelling the participants to leave the assembly cannot be deemed legitimate execution of official duties.
B) As to the act of disturbing the order at an assembly such as assault, etc., in light of the aforementioned circumstances, it constitutes legitimate act or self-defense as a result of the exercise of physical force without complying with the requirements and procedures for exercising police power against legitimate assemblies, or the exercise of power to suppress illegal assemblies, and constitutes legitimate act or self-defense. C) The act of disturbing the order at an assembly, such as assault, etc. against the Defendants, and the special obstruction of performance of official duties is established only as a absorption relationship with the legal light agreement.
2. Determination of the lower court on the grounds that the Defendants are unreasonable.