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(영문) 서울중앙지방법원 2017.04.27 2017노380
일반교통방해등
Text

All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, B, and E also argued that the crime was avoided (1) while the misunderstanding of fact was moving from AG to Seoul Squa, the above Defendants did not reorganize the heat of the union members, or did not go together with AF.

2) Legal doctrine misunderstanding AF’s moving from AG to Seoul Square is not a new flight place, but a statement was made at a scheduled assembly, and thus cannot be deemed an escape act. As such, the police officer did not attempt to execute a warrant of arrest when AF moves, even if the above Defendants were to move together with AF.

Even if the above Defendants’ act does not constitute a crime of crime.

B. The sentence sentenced by the lower court to the Defendants (one year and two years of imprisonment for Defendant A, two years of suspended execution, three million won of fine, one year of imprisonment for Defendant B, C, and E, one year of suspended execution, and two years of suspended execution) are too heavy or (two years of suspended execution).

2. Judgment on the grounds for appeal

A. Defendant A, B, and E’s assertion that the Defendants did not reorganize the heat of the union members.

However, it is not a "AF" and the above defendants' assertion is not a "AF" and it is not a separate judgment as to this part of the above defendants' assertion.

According to the evidence duly adopted and examined by the court below, in particular, according to the police and the prosecutor's interrogation protocol against the above Defendants, the above Defendants' assertion is not accepted, since the above Defendants' movement to the Seoul Square to the Seoul Square, and the above Defendants' movement to the Seoul Square together with the members of other HH associations protecting AF.

B. As to the assertion of misunderstanding the legal principles of Defendant A, B, and E, the offense refers to an act that makes it difficult or impossible to exercise criminal justice, such as investigation, trial, and execution of punishment, by means other than concealment of the offender.

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