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(영문) 서울중앙지방법원 2014.05.16 2014고정812

일반교통방해등

Text

Defendants shall be punished by a fine of KRW 700,000.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 15, 2013, the Defendants were willing to occupy and hold a lane to urge the dissolution, etc. of the NIS in the vicinity of the shooting distance in Jongno-gu Seoul, Jongno-gu.

On August 15, 2013, the Defendants: (a) around 200 participants of other demonstration, and (b) around 13:25 on August 15, 2013, the Defendants laid down the clock stating “Dp dar dar f. d. d. d. d. d. k.,” and presented a relief, such as “p. d. d. d. d. d.

Accordingly, the director of the security division ordered by the chief of the police station to voluntarily dissolve around 13:25 on the ground of the non-reported assembly and demonstration under Article 20(1) of the Assembly and Demonstration Act, 13:29 on the ground of road occupation, 13:29 on the first dispersion order, 13:32 on the second dispersion order, and 13:34 on the third dispersion order.

Nevertheless, the Defendants continued to occupy the roads among the three-distances, without complying with the above dispersion order, until they are arrested at around 14:35 on the same day, with approximately 200 participants of other demonstrations.

As a result, the Defendants conspired with about 200 participants in the demonstration and interfered with the traffic on the land and rejected the dispersion order.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of the E, F, and G;

1. A H statement;

1. Information status report, each documentary evidence, photograph and output;

1. The application of statutes governing the order to dissolve, screen-distance, and reorganization, three-dimensional on August 15, 2013;

1. Defendants: Article 185 and Article 30 of the Criminal Act; Article 24 Subparag. 5 and Article 20(2) and Article 20(1)2 of the Assembly and Demonstration Act; Article 30 of the Criminal Act; the selection of fines, respectively, for the crime;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act