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(영문) 서울중앙지방법원 2009.08.13 2009노1021
특수건조물침입 등
Text

The lower judgment against the Defendants is reversed.

Defendant

A 1 year of imprisonment and fine of KRW 300,00, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. (1) On September 26, 2006, Defendant B had obstruction of performance of official duties (Defendant B) on the ground floor by 3-4 male police officers at the above assembly site, and had knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee the back of the Defendant. Thus, the police officers U kne kne kne kne kle kne kne kne kne kne kne kne k

(2) On August 11, 2006, Defendant A was present at a meeting on the special structure intrusion (Defendant A) and did not immediately stay at the site any longer due to the desire, and immediately returned to the house, and the court below found Defendant A guilty of this part of the facts charged despite the fact that there was no conspiracy or participation in the first floor intrusion of the main office building of the R-gu Office. Thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

(3) It is true that the defendant A et al. was in violation of the Road Traffic Act of March 26, 2006 (the defendant A) and the defendant A et al. moved to another assembly on March 26, 2006 after the completion of the assembly before the Sejong Culture Center on March 26, 2006, using one lane of the vehicular road in consideration of the convenience of the disabled in moving the wheelchairs and the inconvenience of pedestrians, but the court below found the defendant guilty of this part of the charges despite the fact that the act of legitimate traffic as provided by the Road Traffic Act or acts contrary to the social norms is excluded. Thus, the court below erred by misapprehending the facts or by misapprehending the legal principles which affected the conclusion of the judgment.

B. Each sentence of the lower court against the Defendants on the assertion of unfair sentencing.

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