The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the plastic unmanned maintenance line within the assembly place of this case is legally established by the head of Seoul Nam-gu Police Station (hereinafter “the head of the Seoul Southern-gu Police Station”) pursuant to the provisions of the Act on the Performance of Duties by Police Officers (hereinafter “the Minority Act”) before the Labor Relations Commission’s meeting for democratic society (hereinafter “instant meeting”) was held on July 25, 2013, and it is still lawful even if the court’s disposition of notice of prohibition of outdoor assembly was rendered on the suspension of execution.

The chief of the Southern-gu Police Station used the order keeping line as a line under the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) by narrowing the place of the assembly in this case. The installation of such plastic unmanned maintenance line and the posting of police officers are lawful as it is in accordance with the Assembly and Demonstration Act or the Minority Act.

Therefore, the Defendants’ act of removing the above order keeping line cannot be deemed as self-defense as an act of setting up against the unlawful exercise of public authority. Moreover, the Defendants’ act of assaulting the police officer R and S, who lawfully performed official duties by showing multiple power with other participants in the assembly, also constitutes a crime of special obstruction of performance of official duties.

Nevertheless, the court of first instance rendered a verdict of innocence against the Defendants on different premise, and the judgment of the court of first instance erred by misunderstanding facts or by misapprehending the legal principles on self-defense.

2. Determination:

A. In addition to the facts or circumstances duly admitted by the first instance court as well as the following circumstances acknowledged by the evidence duly adopted and investigated by the first instance court and the appellate court as to whether the measure of installing plastic maintenance line and posting police officers is lawful under the Act, the chief of the South Seodaemun-gu Police Station shall maintain the plastic order line within the place of the instant assembly.