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(영문) 서울중앙지방법원 2016.05.12 2014고단9792
공무집행방해
Text

Defendant

A and B shall be punished by a fine of KRW 5 million, and Defendant C shall be punished by a fine of KRW 3 million.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A, around 15:50 on August 27, 2014, around J in Jongno-gu Seoul, Jongno-gu, and around 15:50, at the time of J in Jongno-gu, the Defendant A, a police officer affiliated with K in Seoul Hyeung Police Station, who was working for the guard of the J Demonstration, discovered and restrained the Defendant A, who was a police officer assigned to K in Seoul Hyeung-gu, who was in charge of the duty police officer, carried out an act of cutting off and throw off the her her sat when she was pushed off with the her her sat at the time when she was pushed off with the above L, who was in his her hand, and tried to take the above L, to arrest the Defendant A as the current offender, and the Defendant B was sated with the her part of the above L with the left part of the above L, and when the Defendant C who was in action following the Defendant C was arrested with the above her her sather satfing, etc.

Accordingly, the Defendants jointly interfered with the legitimate performance of duties by police officers related to the maintenance of order and arrest of flagrant offenders, and Defendant B and C interfered with the legitimate performance of duties by police officers related to the arrest of flagrant offenders.

Summary of Evidence

1. Legal statement made by a witness L;

1. The Defendants’ partial statements in the second public trial protocol

1. Statement made by a witness in the fourth public trial protocol;

1. Statement of the witness M in the seven-time public trial records;

1. Lritten statements and damaged photographs;

1. The defendant and his defense counsel argued to the effect that the police officer forcedly arrested the defendant A without notifying the defendant at the time of arrest of the defendant A, and that it constitutes a crime of interference with the execution of official duties, or a legitimate defense or legitimate act, because it was merely a passive defense act against illegal arrest. However, the defendant A maintains order to prevent conflict between labor and management in relation to the assembly demonstration at the time of the assembly and demonstration.

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