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(영문) 서울중앙지방법원 2016.11.10 2016고정2982

일반교통방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 18, 2015, the National Democratic Trade Union Federation (hereinafter referred to as the “National Labor Union Federation”) reported to the Seoul Southern-gu Police Station on the purpose that approximately 10 persons participate in the delivery of the tendency newspaper company in front of the building in Jung-gu Seoul Jung-gu from September 21, 2015 to October 18, 2015.

However, in the presence of more than 5,00 members, including the union members, who are more than 10 persons reported from around 15:03 to 19:10 on September 23, 2015, the private labor gun drivened with the front line of the dynamic newspaper company in Jung-gu in Seoul and the interesting life buildings and Sejong Culture Center in Jongno-gu in Seoul, while moving ahead of the above trend newspaper company, and made a demonstration, thereby hindering the traffic of vehicles.

The Defendant participated in the above assembly from 15:31 to 17:49 on the same day, and participated in the assembly with other participants in the assembly, and participated in the demonstration at the front of the above regular intersection, the interesting building, and the Sejong Culture Center, thereby interfering with the traffic of the vehicle.

Accordingly, the defendant conspired with the above participants in the assembly and interfered with the traffic by land.

Summary of Evidence

1. Partial statement of the defendant;

1. Data about photographs of illegal persons;

1. Reports on internal investigation (related to the assembly report);

1. A report on internal investigation (related to the report on current situations and the progress of investigation);

1. Data showing the progress rating, the background rating for the Korean War on September 23, 2015;

1. Application of the Acts and subordinate statutes on internal investigation reports (related to evidence of suspected suspicion), (information of confirmation of fact of communications), and (information of confirmation of fact of communications);

1. Relevant Articles of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning criminal facts. Article 185 (Selection of Punishment of Fines)

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

1. The defendant and defense counsel of Article 334(1) of the Criminal Procedure Act asserts that the illegality of the defendant's participation in the assembly is excluded as a justifiable act that does not violate social norms.

However, the details and method of the road occupation of participants including the defendant, the size and place of the assembly, the progress of the assembly.