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(영문) 대구지방법원 2015.10.15 2015노2556
공무집행방해
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the grounds for appeal did not contain any assault against G by using G as a knife by hand, etc., and even if a certain form of force was exercised, some of the types of force was exercised.

Even if this is a minor assault to the extent that G is unable to memory, it does not constitute an assault of obstruction of the performance of official duties.

2. Determination

A. On January 7, 2009, Korea Electric Power Corporation commenced construction works for power transmission lines to supply the power generated from the power station located in the Masan-gun, Nannam-gun to the Daegu Power Station and the senior Power Station, and completed construction works (basic, assembly, and inter-line construction works) with the exception of the 23 equipment located in the North Cheong-do, Cheong-do, North Cheong-do, in the total of 40 power transmission towers to supply it to the Daegu Power Station and the senior Power Station.

On the other hand, the construction was interrupted by external organizations, such as the Cheonggyeong-do residents and the Daegu Environmental Campaign Association, and the construction of the 23th period transmission towers located in the Cheonggri-si, and the construction was suspended from July 3, 2012. On March 7, 2013, 222 organizations, such as the Green Party and the Daegu Environmental Campaign Association, jointly and severally organized the “Cheongdo 345kV Joint Measures Committee against the Cheongdo 345km,” and on April 26, 2013, residents continued to engage in construction opposition and assembly assemblies.

On October 8, 2013, the Republic of Korea filed an application with the Daegu District Court for the injunction against obstruction of construction against the opposite residents and the outside power 23 persons, and the said provisional injunction was accepted on March 20, 2014, the construction resumed from July 21, 2014.

On July 26, 2014, the Defendant was taking part in the opposite demonstration of the Cheongdo Cheongdo Cheongdo Cheongdo Cheongdo Ro-do Cheongdo Cheongdo Cheongdo-do Cheongdo-si Cheongdo-ri 432-2 on the street before the construction site of the transmission tower, and attempted to enter the construction site to interfere with the construction along with the demonstration units opposing the installation of the transmission tower, and the police officers belonging to the F of the Gyeongdo Gyeongdo Gyeong-do Gyeong-do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do - kick by their body and pushed the police officers with their own access, and kick the Do

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