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(영문) 대법원 2015.02.12 2013도12265

일반교통방해

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The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. The summary of the facts charged in this case is as follows: (a) around 08:10 on August 21, 201, the Defendant held a “National Democratic Trade Union Federation” in front of the Cheongju-dong building in Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, 98-38, and occupied four lanes in the direction of proceeding along with other participants at approximately 700 other assemblies, participating in the “National Labor Union Federation” and leading up to the road on the road; and (b) up to 08:50 on the same day, the Defendant participated in the demonstration and interfered with the traffic of the vehicle by gathering relief, such as “ad hoc dismissal and withdrawal” for about 40 minutes; and (c) interfered with the traffic of the vehicle.

2. Comprehensively taking account of the adopted evidence, the lower court held an assembly at a viewing plaza from August 21, 201 to 00:0 to 23:59 on the part of the Korean Democratic Union Federation of Workers' Unions of this case. On the contrary, the lower court: (a) reported the assembly at the viewing to the point that approximately 3 km will run along two lanes in the direction of proceeding from Southwest and Seoul Station; (b) the participants of the assembly of this case from around 07:00 on August 21, 201 to 08:00; and (c) recognized that the assembly of this case, including the Defendant, was driven by using the way prior to the direction of proceeding from around 08:10 on August 21, 201 to about 40 minutes from the direction of proceeding to the south Cheongnam Building of this case; and (d) recognized that the assembly of this case, including the Defendant, had temporarily moved away from the direction of direction of proceeding from the south Cheongnam Building of this case to the direction of movement of this case.