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(영문) 서울동부지방법원 2012.07.25 2012고단306
공무집행방해등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant is the Director of the Secretariat of the Union, and a person who has an objection to a civil-military complex tourism port constructed in Seopo-si, Seopo-si, Seopo-si.

On October 12, 2011, 11:00 - 12:00, the Defendant was under the front of the entrance at the construction site of the civil-military complex-military complex-type tourist port construction site located in Seopo-si, Seopo-si, Seopo-si, Seopo-si, and the new departments whose name is unknown were sitting in front of the entrance at the construction site so that they could stop driving of vehicles under ready-mixed vehicles that want to enter the construction site.

On the same day, around 12:27, the above ready-mixed vehicles and those opposing the above construction were additionally laid down, and the Seocho Police Station chief instructed police officers, including the Defendant, who are sitting on the road to move to the edge of the road.

Accordingly, Police Officer E (Age 30) tried to get access to a vehicle according to the direction of the chief of the guard and transportation division, to take the defendant's arms and legs seated on a one-way road along with other female police officers, and move to the edge of the road by entering his body, and the defendant was asked the right shoulder of the E to the right shoulder of the police officer.

As a result, the defendant interfered with the legitimate execution of duties, such as the management of the assembly site by the police officer, and committed a son to the right-hand side in need of treatment for about two weeks.

2. Determination

1. Whether the crime of obstruction of performance of official duties is established - Determination of legality of performance of official duties

A. Generally, the crime of obstruction of performance of official duties under Article 136 of the Criminal Act is established only when the execution of official duties is legitimate. Here, legitimate performance of official duties is not only within the abstract authority of a public official, but also within the legal requirements and methods for specific performance of official duties.

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