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(영문) 서울중앙지방법원 2014.07.03 2014노366

일반교통방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. On December 3, 2011, the Defendant was present at the reorganization assembly held from 19:45 minutes of this day, and did not participate in the above assembly on the date and time stated in this part of the facts charged, and the above assembly did not remarkably deviate from the reported scope, and the Defendant did not directly interfere with intended or directly traffic.

B. On May 19, 2012, there was no fact that the Defendant involved in the assembly of May 19, 2012 participated in the above assembly at the time and place specified in this part of the facts charged and occupied the lanes prior to the road, and the above assembly did not remarkably deviate from the reported scope, and the Defendant did not directly interfere with the intentional and direct traffic.

2. Determination

A. (1) On December 3, 2011, the purpose of Article 185 of the Criminal Act is to punish all acts of causing damage to or infusing land, road, etc., or significantly obstructing traffic by other means, and thus making it impossible or considerably difficult to pass through by interfering with general traffic under Article 185 of the Criminal Act is to establish a crime of interference with traffic safety of general public. On the other hand, in a case where an assembly or demonstration considerably deviates from the scope of its initial report, or seriously violates the conditions under Article 12 of the Assembly and Demonstration Act, thereby making it impossible or remarkably difficult to pass through by interfering with road traffic by causing serious interference with traffic.

(2) According to the evidence duly adopted and examined by the court below and the court below, around 14:05 on December 3, 201, the "D" was held in the plaza in Seoul Station and 600 persons affiliated with the "I Organization" were involved at the commencement of the competition. ② The 60 persons affiliated with the JJ organization completed the conference 14:18 reporters on the same day, and joined the said conference; ③ the 15:05 participants of the said public conference were increased to 1,000 persons, and the 60 persons with disabilities were located in the middle of the 14:18 reporters on the same day, and the 15:05 participants of the said public conference were located in the middle of the 10th century and the 1,000 persons with disabilities.