일반교통방해
The judgment below
The guilty portion shall be reversed.
The defendant is not guilty. The summary of the judgment of innocence is not guilty.
1. Summary of grounds for appeal;
A. Defendant’s violation of the rules of evidence and misapprehension of the legal doctrine 1) The lower court admitted admissibility and admitted admissibility of evidence files and outputs thereof as evidence files are not recognized as identical to the original, and thus, admitted as admissibility.
2) When the Defendant completed the assembly and was moving from P to G, the police already set up a wall and the function as a lane was suspended. Thus, even if the Defendant temporarily entered the lane, the Defendant had temporarily entered the lane.
Even if the defendant's act interferes with the traffic on the land
shall not be deemed to exist.
B. On April 18, 2015, the prosecutor’s assertion of mistake of the facts was continued from 15:00 to 23:20 on April 18, 2015, and the act of interference with general traffic in the process of the above assembly and demonstration was committed under the continuous criminal intent, and the Defendant cannot be regarded as a simple participant, such as participating in the assembly and participating in the assembly, and even though he was aware that the scope of the initial report and the scope of the assembly was significantly deviates, it interfered with road traffic, although the AC indictment stated “AC” in the AC indictment from 18:20 on the same day to 20:30 on the same day, it appears to be a clerical error in the “AE”.
It is also responsible for the act of occupying the former lane as a joint principal offender.
(c)
The punishment sentenced by the court below (500,000 won) is too hot or (the defendant).
2. Determination
A. As to the Defendant’s assertion of violation of the rules of evidence, in order to use the documents printed from the digital storage medium as evidence, the document’s identity with the contents stored in the digital storage medium and the printed documents should be recognized. To this end, it should be guaranteed “influence” (i.e., the “influence”) and, in particular, digital storage media in place of the original digital storage media to prevent any change in the original document.