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(영문) 부산지방법원 2017.02.15 2016고정1716
공무집행방해등
Text

Defendants are not guilty.

Reasons

1. Defendant A is the president of the branch of the Democratic Nowon-gu metal labor union, and Defendant B is the representative of the Democratic Nowon-gu metal labor union E branch. The Defendants installed eight hboards (100cm in width, 120cm in length, 120cm in length) under the title of “F” on January 13, 2016, in front of the citizen plaza of the Busan Metropolitan City Office in the Busan Metropolitan City Office, which is located in the Sogsan-dong, Busan Metropolitan City Office.

1. On January 13, 2016, Defendant A and the Defendant: (a) in India prior to the citizen plaza of the Busan Metropolitan City Office of Busan Metropolitan City on January 13, 2016; (b) the victim H, who is a public official belonging to the Gu Office of the Gu, collected and loaded on the sidewalk, and then transferred to the vehicle; and (c) the Defendant “if any fluent fe fe fe fe fe pa

As it is, while making the dubling theory, the victim's breath on the vehicle loaded the above vehicle was flicked and the victim was in need of approximately two weeks of medical treatment.

As a result, the defendant interfered with legitimate execution of duties concerning road management and removal of illegal goods by public officials, and at the same time injured the victim.

2. Defendant B: (a) committed assault by Defendant B, at the above date, at the place, and at the time, Defendant B’s official G of the Gu office, after collecting the above beams he was accumulated on the sidewalk and transferred them to the vehicle; and (b) assaulted Defendant B, such as breaking the above I on the vehicle’s loading box in double hands.

Accordingly, the defendant interfered with legitimate execution of duties concerning road management and removal of illegal goods by public officials.

2. Determination

A. According to relevant legal principles 1) Article 45 (amended by Act No. 12248, Jan. 14, 2014) of the former Road Act (amended by Act No. 12248, Jan. 14, 2014), no person may stockpile obstacles on a road or interfere with traffic without justifiable grounds, and a person engaged in such act may take necessary measures or order measures against the road management agency pursuant to Article 83 of the former Road Act.

Therefore, a road management agency market shall install a road, maintain its existence, and provide it to the general traffic.

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