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(영문) 부산지방법원 2017.08.11 2017노987
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence records of this case and the legal testimony of the related person, the court below acquitted the victims, who are public officials of the former authority, for the purpose of performing their official duties, and exercised their tangible power to prevent such victims from performing their official duties. In this process, the defendants' act of inflicting bodily injury on the victims has lost reasonableness in deeming it a legitimate defense act. Thus, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Examining the evidence of this case in detail in light of the records, the court below, on the grounds stated in its reasoning, cannot be deemed as an unnecessary article at an assembly within the scope of time and place of the assembly with the promotional bulletin board set up by the participants of the assembly of this case, including the Defendants, as an object of lawfully reported assembly, and the evidence submitted by the prosecutor alone does not lead to a direct and obvious danger to the legal interests of others or public peace and order, and there is no other evidence to acknowledge otherwise. Thus, the acts of the participants of the assembly of this case committed the acts of installing the promotional bulletin board at the assembly of this case cannot be deemed as a legitimate execution of their duties, and ultimately, the acts of the participants of the assembly of this case committed violence against the public officials of the annual government office who want to stop the installation of the promotional bulletin

Even if it is not possible to establish a crime of interference with the performance of official duties, and the defendant A's act of inflicting an injury on the victim H is also deemed unlawful as a legitimate defense, and all of the facts charged in this case is just and acceptable, and there is no error of misunderstanding of facts or of misunderstanding of legal principles as argued by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. Conclusion.

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