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(영문) 서울남부지방법원 2014.07.17 2014고단1422

일반교통방해

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the director-general of the organization bureau of the DF (hereinafter referred to as the “D organization”).

The Defendant participated in the “F” held by a D organization and solidarity organization near the Industrial Bank in Yeongdeungpo-gu Seoul Metropolitan City.

At around 14:15 on the same day, approximately 2,00 participants of the above assembly, including the defendant, started near the industrial bank in accordance with the progress proposal of the National Assembly by the head of the D Organization Department of the D Organization, a social group of the above assembly, and started to proceed to the National Assembly's death.

The participants of the assembly, including the Defendant, had been active as above, failed to pass through the assembly by conducting demonstration, such as moving into four lanes near the industrial bank, the Export-Import Bank, and the Korea Development Bank, and the Korea Development Bank, and the Korean Development Bank, in the direction of both directions, and raising relief.

Accordingly, the defendant interfered with traffic by occupying roads in collaboration with approximately 2,00 participants in assemblies.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. A internal investigation report (a letter of the road in which A occupies and runs along the former lane shall be attached at ordinary times);

1. An information status report;

1. The report on the meeting of the rooftop;

1. Data concerning the photograph of the assembly or demonstration organizer;

1. Application of relevant Acts and subordinate statutes to documentary evidence reading photographs;

1. Article 185 of the Criminal Act, Articles 185 and 30 of the Criminal Act, the choice of imprisonment for a crime, and the choice of punishment;

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 62 (1) of the Criminal Code of the Suspension of Execution against the purport that the defendant, merely a simple participant, did not have a criminal intent to obstruct traffic by attending an assembly and obstructing traffic, and the defendant's act was not in a situation where traffic obstruction was caused by the defendant's act, and that the defendant's act constitutes a justifiable act naturally accompanying the exercise

The roads are used by participants, including the defendant, and assembly participants including the defendant.