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(영문) 서울중앙지방법원 2013.09.26 2013고정323

일반교통방해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 16, 2012, the Defendant, from around 14:05 on June 16, 2012, held a “D-based National Countermeasure Committee”, etc. at the Women’s Culture Marinadong located in Yeongdeungpo-gu Seoul Metropolitan Government, and participated in the “1st 2nd knife” (hereinafter “D-based National Countermeasure Committee”) in the process.

The defendant participated in the above assembly and started from 1,500 participants in other assemblies, and moved from 1,500 people who participated in the conference to justal stations through the airspace by getting off subways from the subway stations and going through the airspace as they were cut off in the future by the career of the LGart Building.

On the same day, at around 16:19 of the same day, the Defendant, along with approximately 1,00 participants in other assemblies which are gathered in the Chungcheong airspace, moved in the front of the Guro gate while driving in the front of the Guro gate, and led to the passage of vehicles by driving in the front of the Guro gate in the direction of progress through the central goro gate through the central goro gate, thereby hindering the traffic of vehicles.

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

Summary of Evidence

1. Report on the situation of assembly or demonstration;

1. The photographic materials of the Assembly, the Demonstration, and the suspect's photograph extracted on the Internet;

1. Application of Acts and subordinate statutes to investigation reports (report on confirmation of road status);

1. Article 185 of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the crime, the choice of fines, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act (one day: 50,000 won) of the Criminal Act;

1. The judgment of the defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 59(1) of the Criminal Act (the suspended sentence: 200,000 won for the first time, the first time, the circumstances are to be taken into account, the degree of participation, etc.) of the suspended sentence (the defendant's act in this case constitutes a justifiable act that does not go against the social rules, and thus, the illegality of the defendant's act in this case is excluded. Thus, the defendant and his defense counsel asserted that the defendant's act in this case constitutes a justifiable act that does not go against the social rules, and the details and method of