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(영문) 서울중앙지방법원 2016.11.09 2016고정1375

일반교통방해

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant participated in a meeting of the “Private-Public General Competition” held on November 14, 2015, which was held by the Director General of the Korea Labor Relations Commission.

On September 22, 2015, the said public-private partnership was an assembly organized by 53 civil society organizations jointly and severally against the National Democratic Labor Union Federation against the structural reform of the labor market, such as the National Association of Agriculture and Forestry, the Federation of Agriculture and Forestry, the ratification of the Korea-China FTA, and the TPP accession, etc., and the Korean Film Society against the former public-private partnership, such as the dissolution of a former public-private partnership, and the placement of a ethic book.

On November 14, 2015, the headquarters for the strike of the public-private partnership was divided into five sectors, such as labor (Seoul square), farmers (Seoul Metropolitan City) and citizens (Seoul Maro Park), Maro Park (Seoul Maro Park), and the public-private (Seoul Maro Park), respectively, and thereafter, the assembly was held at the relevant place. A total of approximately 68,000 participants of the assembly by each sector were trying to enter into a luminous square by detecting the ‘lane' without any prior report, but the police did not proceed any longer by blocking the police at the erogate and the e building zone on the street.

On November 14, 2015, the Defendant attended an assembly held in Seoul Square, but around 19:08, the Defendant occupied the lane prior to the Square with many participants in the assembly.

Accordingly, the Defendant conspiredd with many participants in assemblies on the false name and interfered with traffic on land.

Summary of Evidence

1. Partial statement of the defendant;

1. Photographss, materials, and documentary evidence photographs of the violator;

1. Report on internal investigation (related to analysis of evidentiary materials);

1. Application of Acts and subordinate statutes to report on outdoor assembly;

1. Article 185 of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the crime, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;