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(영문) 제주지방법원 2013.08.29 2012노252 (1)
특수공무집행방해등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts and misunderstanding of legal principles did not appear to have been recruited to prevent the blasting of the coast of the old forum. Defendants 1 and 2 did not go around the coast of the old forum with rubber boats or carbs, and the rescue operation cannot be deemed to constitute “defensive force” of the crime of interference with business. The old forum blasting of the instant case was conducted even though the Jeju Governor requested the discontinuance of the test in the state of failure to prevent the misfforcing, even though the Jeju Governor requested the discontinuance of the test, the Defendants committed the above act to resist such illegal construction. 2) The lower court’s sentencing (a fine of KRW 1,500,000) against the Defendants on unfair sentencing is too unreasonable.

B. According to the evidence submitted by the prosecutor, the court below found the Defendants not guilty of this part of the facts charged, on the ground that: (a) based on the misconception of facts and misunderstanding of legal principles (not guilty portion); (b) the Defendant’s old forum coast of this case also constitutes a place where access is prohibited under the Punishment of Minor Offenses Act; and (c) even if the above place is a place where access by the general public is permitted, the Defendants are jointly and severally liable for the act that R and S landed on the old forum coast; and (d) the lower court erred by misunderstanding of facts or misunderstanding of legal principles; (b) the sentencing of the

2. According to the evidence duly admitted by the lower court regarding the Defendants’ assertion of mistake of facts or misapprehension of legal principles, the Defendants, together with Q, R, S, and A, had the same intent in opposing the old forum test blasting of this case, and in order to prevent work from entering the blasting work risk team, Defendant U, on the day of the instant case, on the sea adjacent to the coast of the old forum in order to stop work by entering the said team, had been operated directly by Q Q, and had been in close vicinity. The Defendants got out relief.

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