일반교통방해
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. Fact-finding, misunderstanding of the legal principles does not constitute the element of a crime of interference with general traffic, and the defendant's driving along the road with other participants at other assemblies is not recognized as a causal relationship between the defendant's act and traffic obstruction since the driving of the road was completed after the passage of the surrounding road was completed due to the installation of a vehicle wall by the police, and the defendant was found guilty of this part of the facts charged even though there was no collusion with the intent to obstruct traffic or to obstruct traffic in collusion with many and unspecified persons. Thus, the judgment of the court below is erroneous by misapprehending the legal principles and misapprehending the legal principles.
B. The sentencing of the lower court is too unreasonable.
2. Determination
A. The summary of the facts charged in the instant case is the chairperson of Section B (hereinafter “B”) C Trade Union D E.
From November 14, 2015 to 13:00, F, including B, composed of 53 citizens and social organizations, planned to proceed with the "L", which is the assembly reported to each of five teams, including labor (G), farmers (H), citizens (I), young people (I), and young people (J) from around November 14, 2015.
As a result, approximately 68,00 participants in the assembly participating in the prior assembly of each sector will hold the above assembly at K, and around 15:08 of the same day, the 15:08 of the same day came to and go to K while moving to K while moving to the former one, and approximately 2,000 persons including the defendant, etc. at approximately 16:30 to 16:50 on the same day via N Station and O station, conflict with the police.
The defendant, along with the above participants, tried to enter K-section from November 14, 2015 to 20:40 of the same day by occupying a lane prior to the two directions in the vicinity of the Seoul Jongno-gu Seoul Metropolitan Government P.
Accordingly, the defendant conspired with the above participants in the assembly and interfered with the traffic by land.
B. The lower court’s judgment.