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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant did not catch the victim’s breath as stated in the facts charged.
However, it is thought that the injured party who set the string of banner and set the string to the string is an act with the aim of interfering with the assembly, and there is only a fact that the injured party has set the string of the string of the string of the string so as not to escape if reported to 112, and the illegality is dismissed as an act that constitutes a legitimate defense or a legitimate act.
Even if a defendant's act constitutes a crime, the defendant is mistaken for not committing a crime under the law, and such an act is not punishable in accordance with Article 16 of the Criminal Act.
Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles.
2. Determination
A. Comprehensively taking account of the evidence duly admitted and examined by the lower court and the first instance court on the assertion of mistake of facts, the facts that the Defendant attempted to flee can be sufficiently recognized by putting the fals of the victim, which the Defendant attempted to flee (i.e., whether the Defendant voluntarily removed the victim’s “in whose case he was dead”;
The victim of the defect, "contestably interfered with the assembly," was able to do so, and breath the victim.
It is inevitable that the Defendant had to do so more than 60, but the victim had to be young, and recognized the fact that he had flicks of the victim. The Defendant’s assertion of mistake is without merit.
나. 법리 오해 주장에 관한 판단 기록에 의하면 피해 자가 피고인이 설치한 현수막의 끈을 풀고 라이터를 켠 사실은 인정된다.
그러나 원심 및 당 심이 적법하게 채택하여 조사한 증거들에 의하면( 피고인 의 주장에 의하더라도) 피해자는 현수막의 끈을 풀고 라이터를 켠 후 피고인이 제지하자 그 자리에서 벗어나려고 하였으나 피고인이 멱살을 잡는 바람에 그 자리에서 벗어나지 못한 사실, 현수막 내지 그 끈이 훼손되지는 않은 사실이...