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(영문) 서울서부지방법원 2018.02.08 2017노1393
업무방해
Text

The judgment of the court below is reversed.

The sentence of punishment against the Defendants shall be suspended.

Reasons

1. Although it is difficult to deem the Defendants’ act as a obstruction of duties by force, which constitutes a legitimate act, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine by acquitted the Defendants.

2. Comprehensively taking account of the evidence duly admitted and examined by the court below, ① Defendant B was able to stop the progress of the construction vehicle without turning on the police officer’s request at the time and place indicated in the facts charged of this case, ② Defendant B and C continued to stop the progress of the construction vehicle, ② Defendant B and C’s reason that the construction vehicle cannot be opened immediately before the digging hole for the construction work at the place, and the time and place indicated in the facts charged of this case’s case’s case’s case’s case’s case’s situation where the kis of the human body. ③ Defendant A cannot sit on the date and place specified in the facts charged of this case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case, and Defendant A cannot stop the progress of the digging machine’s case’s case’s case’s case’s case’s case’s case’s case. ④ Defendant B and C’s case’s case’s case’s case was scheduled to stop the construction work and the

In the 25 entrances, only 6 entrances are closed, and 5 the Defendants are the police officers from now to time to intentionally interfere with their business.

In spite of warning to the effect that it is “,” there was a show of the work interference or interruption of the progress of the construction vehicle, or the display of documents, sound, and continuously sit in front of the scambling machine, as seen above, without interruption of the work;

Earsen

J. F. H. L. L.W.

-patched -

It is recognized that there is no choice but to stop the progress of a public vehicle or a excavation, regardless of the police officer's continued request, such as ‘not having been done by the removal countermeasure committee' (which means the direction of the removal countermeasure committee).

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