일반교통방해등
The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 700,000.
The above fines are imposed by the Defendants.
1. Summary of grounds for appeal;
A. Fact-finding or misunderstanding of legal principles (1) Defendant B did not have participated in the instant assembly.
(2) Not only did the instant assembly interfere with the passage of vehicles, but also, even if the passage of vehicles near the place of the instant assembly was impossible at the time of the instant assembly, this is not due to participants in the assembly but due to the police’s control over the passage of vehicles near the place of the instant assembly. Thus, the Defendants cannot be held liable for interference with general traffic.
(3) The Defendants are merely the simple participants of the instant assembly, and cannot be deemed to have a functional control over, order, and explicit explicit communication with other participants in the assembly to the extent that the co-principal is established.
B. Each sentence of the lower court on the grounds of unreasonable sentencing (each of the Defendant’s KRW 1 million) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below on the assertion of mistake of facts or misapprehension of legal principles, the defendants participated in the demonstration of this case from August 30, 2008 to 03:40 on the following day, with 150 demonstration units, and occupied a lane such as "one-day street", "one-way street", and "one-way" in the Jongno-gu Seoul Metropolitan Government real-ro Dong, where traffic is impossible or considerably difficult. Accordingly, the defendants, recognizing such circumstances, occupy the road by combining other participants' order or implied intent, and interfered with traffic.
In addition, even if the police at the time of the demonstration of this case had already controlled the passage on the surrounding road and the act of the Defendants did not result in a realistic traffic obstruction, the act of the participants of the demonstration, such as the Defendants, etc., is sufficient to bring about an abstract danger of traffic obstruction, as long as it is sufficient to bring about an abstract danger of traffic obstruction.