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(영문) 서울중앙지방법원 2013.04.12 2012고정2802

일반교통방해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 08:10 on August 21, 201, the Defendant participated in the “National Democratic Trade Union Federation of Yongsan-gu, Yongsan-gu, Seoul” in front of the 98-38 Cheongju-dong, Yongsan-gu, Yongsan-gu, Seoul, and occupied approximately 700 other participants in the conference in the Act on the Cheongju-dong, leading up to four lanes in the direction of proceeding on the road along with other participants in the conference. On the same day, the Defendant conducted a demonstration for about 40 minutes, such as “Ad hocd and withdrawn”, and obstructed the traffic of the vehicle.

Accordingly, the defendant conspired with other participants in the assembly and interfered with the traffic by land.

Summary of Evidence

1. Partial statement of the defendant;

1. Information status report, investigation report (verification related to the place of assembly), and statement of outdoor assembly report, respectively;

1. Application of the video Acts and subordinate statutes to the assembly or demonstrationer's photographic materials;

1. Relevant Article of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the selection of penalties;

1. The following circumstances acknowledged by the evidence duly admitted and investigated the grounds for conviction of Articles 70 and 69(2) of the Criminal Act: ① the report of the assembly of this case consists of two lanes in the direction of proceeding from the Seoul square to the southwest and Seoul Station (see, e.g., the Investigation Record No. 153); ② However, the participants of the assembly of this case continued proceeding with the participants of the assembly of this case, beyond the reported scope, by occupying the entire way of proceeding from the Seoul square to the front of the Cheongjug Building in the Seoul square in the direction of proceeding in front of the Cheongjug, Seoul square, and by occupying the entire way of proceeding on the roads of the Cheongjugnamg Building adjacent to the above Southern Southern Nam-gu, the passage of the vehicle was obstructed (see, e.g., the Investigation Record No. 5 to 8, 33 through 36, etc.); ③ the participants of the assembly of this case, including the defendant, at the time of the assembly, in collusion with the participants of this case, and the participants of this case.