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(영문) 광주지방법원 2017.02.09 2016고단1904

일반교통방해

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who acts as the D Chairperson per justice party.

A. From around 13:00 on November 14, 2015, the headquarters for the countermeasures against the total of 53 citizens and social organizations, including the Korean class of the Korean class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the group,

As a result, approximately 68,00 people who participated in the assembly of each sector, including the defendant, will hold the above assembly in the light language square. On the same day, there was a conflict with the police who tried to enter into the light language square by gathering in the light language square around 15:08 and occupying the two lanes.

B. On November 14, 2015, from around 15:08 to around 19:00 on November 14, 2015, the Defendant, along with the participants in the above assembly, attempted to enter into the luminous plaza by occupying a lane prior to the two directions of both sides in Korea and in the vicinity of the hotel located in Jung-gu, Seoul.

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

2. In light of the legislative intent of Article 6(1) of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”), in a case where a lawful report is completed under the Assembly and Demonstration Act and an assembly or demonstration on the road is conducted on the road, the traffic of the road is restricted to a certain degree. Thus, in a case where the assembly or demonstration was conducted within the reported scope or it was conducted differently from the reported contents, the traffic of the road was obstructed thereby.

Even if there are no special circumstances, Article 185 of the Criminal Code is applied.