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(영문) 서울서부지방법원 2017.07.20 2016노1200

일반교통방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) prevents the Defendant from participating in the assembly on August 20, 201, and occupied three lanes or pre-lanes in the proceeding direction, thereby interfering with traffic by passing along. On August 27, 2011, the Defendant participated in the assembly on August 27, 201, and occupied three lanes or pre-lanes by remarkably deviating from the reported scope, thereby interfering with traffic, and the general traffic obstruction caused by the assembly and demonstration becomes all the accomplices, but the lower court acquitted the Defendant on each of the above general traffic obstruction. In so determining, the lower court erred by misapprehending the legal principles and misapprehending the legal principles.

2. Determination as to the assertion on August 20, 201 as to the obstruction of ordinary traffic.

A. A. On August 20, 201, the summary of the facts charged in this part of the facts charged, a meeting of the Labor Relations Commission was held in the Seoul Square in charge of democratic labor gun, etc., and 4,500 labor union members, etc., and the participants of the assembly held a meeting. While the participants of the assembly held relief such as “the withdrawal of one Jin Heavy Industries and the withdrawal of layoff, public officials, and teachers, etc., to guarantee all workers’ political fundamental rights,” the participants resolved to move on the road in the nearest place, following the process of gathering the remarks of the chairperson of each branch office of the Democratic Labor Relations Commission and the heads of the branch offices in sequence.

In collusion with the participants in the above assembly from around 18:5 to 23:40 on August 20, 201, the Defendant: (a) was participating in the above assembly; (b) occupied the passage of the land along which ordinary vehicles pass by, in collusion with the participants in the above assembly from around 18:5 to around 23:40 on August 20, 201; (c) occupied the Southern-ro in front of the name of the department store, in front of the name of the Bank of Korea, and the Seoul Square in order; and (d) occupied the road along the direction of the road.

B. According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts are acknowledged:

(1) The Korean National Police Agency on August 10, 201 shall be appointed to the Seoul National Police Agency on August 10, 201.