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(영문) 춘천지방법원 원주지원 2016.08.08 2016고정194

일반교통방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the chief of the branch of the Korean Democratic Trade Union D branch under the Korean Democratic Trade Union Federation (hereinafter referred to as the "Civil Union Federation").

Around November 14, 2015, the civil class of the Nowon-gu Seoul Special Metropolitan City was holding a meeting of "the general public contest" by combining the taxes of labor organizations in the nationwide area with the Seoul square located in 17-3.

At around 14:00 on November 14, 2015, the Defendant participated in the assembly of the “Public Morse Competition” at the above Seoul square, and occupied three lanes from around 16:30 on the same day to around 18:30 on the same day, along with the participants in the assembly in approximately 65,000 in Seoul square to the front of the Korean Financial History, in a way of going through the outside of relief from Seoul square to the front of the Korean Financial History.

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. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Application of Acts and subordinate statutes to each investigation report, internal investigation report, and report on the reading of unlawful and violent demonstrations;

1. Article 185 of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the crime: Selection of a fine;

1. As to the defense counsel’s assertion of the defense counsel under Articles 70(1) and 69(2) of the Criminal Act, the defense counsel asserts that even if the defendant’s act satisfies the elements of a crime of interference with general traffic in domestic affairs, it constitutes a justifiable act and thus, illegality is excluded.

Considering the developments leading up to the assembly of this case, the specific progress of the assembly of this case, and the developments and methods leading up to occupying the road with the participants in the assembly, etc., the Defendant’s participation in the above assembly and obstructing the traffic of the general public is difficult to be deemed as a justifiable act that does not violate the social rules by maintaining the balance between the legal interests protected and the legal interests infringed.

The defense counsel's assertion on this.