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(영문) 부산지방법원 2018.06.08 2018노149
공무집행방해등
Text

Defendant

C All appeals filed by both C and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant C1) 1, misunderstanding of the legal principles, or Defendant C did not agree with the police officer I's clothes once, and even if not, the police officer's attempt to commit an act of interference with the organizer's performance of duty, and cannot be deemed legitimate act of interference with the organizer's performance of duty, and the above defendant's act in order to prevent the above attempt to commit an act of interference with public duty or constitutes a legitimate defense or legitimate act, but the court below convicted this part of the facts charged. The court below erred in the misapprehension of facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court to Defendant C (two years of suspended sentence of imprisonment for four months) is too unreasonable.

B. According to the evidence submitted by the Prosecutor, the court below acquitted Defendant A and B of this part of the facts charged, although Defendant A and B assaulted police officers, thereby obstructing police officers from performing their legitimate duties and impairing order as a participant in the assembly, the court below acquitted Defendant A and B of this part of the facts charged. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) Improper sentencing (with respect to Defendant C), the above sentence committed by the lower court against Defendant C is too unhued and unfair.

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to Defendant C’s assertion of mistake or misapprehension of the legal doctrine, Defendant C’s consent to walk once a police officer I’s clothes, as stated in the lower judgment.

In addition, according to the above evidence, the cargo solidarity G gets microning at the assembly line, and “Na-gu”

(2) If she is tightly sealed and unsealed, she shall be placed in a manner that makes it difficult to do so

The term "the police who has maintained the order keeping line" has made a statement to the effect that he / she is pushed in with a large number of real forces, and the police is G.

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