(영문) 서울중앙지방법원 2015.10.02 2015노2225

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(영문) 서울중앙지방법원 2015.10.02 2015노2225

장례식방해등

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) 1) mistake of facts or misapprehension of legal principles as to funeral awareness obstruction (hereinafter “the deceased”).

(ii) labor unions of Samsung Electronic Services under the National Democratic Union Federation of Workers’ Unions (hereinafter referred to as “labor unions”) to which they belong;

(2) The Defendants’ act does not constitute a obstruction of funeral under the Criminal Act, and there was no awareness or intent to interfere with the legitimate performance of public duties under the Criminal Act, and there was no perception or intention to interfere with the execution of public duties under the Criminal Act, and there was no perception or intention to interfere with the execution of public duties under the Criminal Act. (2) The Defendant’s act of passive conduct of K’s unfair conduct of obstruction of funeral constitutes an unlawful performance of public duties under the premise that the act of the K’s improper operation of funeral constitutes a legitimate execution of public duties under the premise that it is a legitimate procedure. (3) The Defendants did not commit assault or assault the police officers, and (4) the Defendants’ act of passive conduct of obstruction of funeral does not constitute a legitimate exercise of police power under the premise that the act of the K’s improper operation of public duties constitutes an unlawful execution of public duties, and (4) the Defendants did not commit assault or assault against the police officers, and (5) the Defendants did not commit an unlawful act of obstruction of the performance of public duties.

3) Taking into account the various circumstances of unfair sentencing, the sentence imposed by the first instance court (a fine of KRW 4 million each) is too unreasonable and unfair. (b) The prosecutor’s (a sentence imposed by the first instance court on the accused) is too unreasonable and unfair.

2. Determination

A. The defendants' mistake of facts and mistake of facts.

참조조문

-형법

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