일반교통방해등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The Defendant’s dispersion order does not clearly result in a situation in which the direct risk of the other party’s legal interest or public peace and order is obviously brought about, and thus, is in an irregular law.
At the trial date, the defendant alleged unfair sentencing grounds for appeal, but this is merely a ground for appeal, and thus, it is not judged separately because it is an incidental law.
B. The prosecutor 1) Even though the defendant, even though he was aware of the fact that he committed a crime of obstruction of general traffic by conspiracy with other demonstration groups, he could be found to have been aware of the fact that he committed a crime of obstruction of traffic in a successive and implied manner, there is an error of misunderstanding the facts and misunderstanding the legal principles in the judgment below which acquitted the charges of this part.
2) The sentence of the lower court is too unhued and unreasonable.
2. The lower court rendered a judgment on the Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal doctrine, on the ground that the assembly of this case obviously poses a direct risk to another person’s legal interests or public peace and order, and thus, found the Defendant guilty of this part of the facts charged. The lower court’s judgment is justifiable even when it was in the first instance trial, and thus, rejected the Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal doctrine.
(1) The organizer of an assembly reported the assembly with respect to the section from Seoul Square to the Cheong Campaign Community Center after passing through a broad distance from Seoul Square, but the assembly was conducted and the progress of the assembly and demonstration was strong even after the notice of prohibition was issued.
② Accordingly, at the time of the dispersion order, the participants in the assembly moved in the entirety of 11 lanes in both directions as the front of the press center.
② In particular, at the time of the dissolution order, some participants in the assembly are involved.