일반교통방해
The defendant shall be innocent.
1. The Defendant, from April 18, 2015 to April 18, 2015, participated in an assembly of the “National Assembly of the 1st century” organized by the 4/16 joint and several groups in the Gwangjin-gu Seoul Jongnomunmunmunmun, Jongno-gu Seoul.
The number of participants in the above assembly 6,000 was 19:30 from 19:30 to 19:30 on the same day, the vehicle traffic was obstructed by occupying a lane in front of the government office building and driving it into a square on the north side by the police. From 22:20 on the same day, until 22:20 on the same day, the vehicle traffic was obstructed by occupying a lane in front of the Gwangjin-gu Seoul Metropolitan Government Gwangjinmun
The Defendant, along with the above participants in the assembly from 20:18 to 22:07 of the same day, occupied the lane prior to the front of the Maternal in Jongno-gu Seoul, Jongno-gu, Seoul, thereby interfering with the traffic of the above participants in the assembly in collusion with other participants in the assembly.
2. Determination
A. Since the obstruction of general traffic obstruction is a continuous crime in which the act of traffic obstruction continues to be committed, it shall continue to be established until the act of traffic obstruction ends, and it shall be possible to establish a joint principal offender until then. However, to recognize it, the intention of joint processing and functional control should be exercised with the intention of moving general traffic obstruction to practice by using other participants’ participation in the assembly.
B. According to each evidence adopted by this Court through legitimate investigations, it is recognized that the police installed a double wall due to the illegal act of some participants at the time of the instant case, and that there was a defendant at the scene where the police spreaded water with a double wall.
However, solely on such circumstance, there was an intention and control of the defendant's act to move to the execution of general traffic obstruction by using other participants' participation in assemblies.
there is no other evidence to acknowledge it.
3. In conclusion, the facts charged in the instant case are not proven, and thus, the Defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.