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(영문) 서울중앙지방법원 2016.06.23 2015노4627

일반교통방해

Text

The defendant's appeal is dismissed.

Reasons

1. Progress of judgment and scope of examination by this court;

A. On October 30, 2012, from around 12:30 to 15:45, the Defendant was indicted as to the fact that the Defendant interfered with the traffic of vehicles travelling across the country from the north of the citizen of the luminous Spanch in Jongno-gu Seoul, Jongno-gu to the inside of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the 30th day to the outside of the city of the Gu of Jongno-gu, the Defendant was in violation of the General Traffic Obstruction and Assembly and Demonstration.

2) The lower court found the Defendant guilty of all the charges and sentenced the Defendant to a fine of KRW 1.5 million, and the Defendant filed an appeal on the ground of misconception of facts as to the part of the general traffic obstruction, injury, and obstruction of the performance of official duties.

3) Prior to remand, the lower court accepted the part regarding general traffic obstruction among the Defendant’s assertion and reversed the lower judgment, and sentenced the Defendant to a fine of KRW 1 million and acquitted the Defendant as to the violation of general traffic obstruction.

Accordingly, the prosecutor appealed on the part of innocence on the ground of misunderstanding of legal principles.

4) The Supreme Court reversed the entire judgment of each party prior to the return and remanded it to this court on the ground that there was an error by misapprehending the legal principles as to the obstruction of general traffic in the judgment prior to the return, thereby adversely affecting the conclusion of the judgment.

B. The scope of the judgment of the court below, excluding the part pertaining to general traffic obstruction, shall be reversed by the judgment of the court of appeal and shall have the same effect as that of the final and conclusive without filing an appeal. Thus, the judgment of the court below shall have the same effect as that of the final and conclusive by the court of appeal.