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(영문) 울산지방법원 2019.06.13 2019노44

일반교통방해

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The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles merely participated in the assembly participants' progress on the basis of the way that the organizer of the assembly lawfully reported in advance, and even if the police provided a notice of prohibition on the above prior report, such notice of prohibition is unlawful as it is in essence infringing on the freedom of assembly and demonstration held by participants including the Defendant, and the police installed a train to prevent the movement of participants prior to the progress of the assembly, thereby causing interference with traffic first, it cannot be deemed that the defendant's participation in the above progress constitutes traffic obstruction or illegal. In addition, the defendant merely considered the participation as a simple participant and did not have awareness that the assembly and progress were illegal due to the deviation from the scope of the report, and there was no awareness that the defendant had the intent and illegality of traffic obstruction. Nevertheless, the court below erred by misapprehending the legal principles that found the defendant guilty of general traffic obstruction charges, which affected the conclusion of the judgment, or by misapprehending the legal principles on unjust punishment (a fine of 30 million won).

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Judgment on the Defendant’s assertion of misapprehension of legal principles

A. On September 14, 2015, the summary of the facts charged (hereinafter “B organization”) agreed in principle on the structural reform of the labor market at the Economic and Social Development Labor-Government Committee (hereinafter “Labor-Management-Government Committee”), and the agreement of the labor-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-