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(영문) 서울중앙지방법원 2016.10.26 2016고정2894

일반교통방해

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the Head of the Korean Democratic Trade Union D Office (hereinafter referred to as the "Private Relations Association").

From September 21, 2015 to October 18, 2015, the Republic of Korea reported a meeting to the Seoul Southern Police Station to the effect that approximately 100 people participate in the “labor Mono-Mano-man resolution meeting and national campaign” from around September 21, 2015 to around October 18, 2015, and (2) from around September 21, 2015 to around March 15, 2015, the Republic of Korea reported a meeting to the effect that: (a) from around 15:00 on September 23, 2015 to around 19:0, approximately 90 people participate in the “labor Mano-Man-Man-gu Man Man Mak-gu resolution meeting” to the effect that the meeting is held.

Nevertheless, on September 23, 2015, from around 15:03 to around 16:23, the president held a meeting in front of the three trend newspaper company in Jung-gu, Seoul, Jung-gu, Seoul, and had approximately 5,500 participants, who are more than 10 reported, gather more than 10 persons, and the participants, including the Defendant, occupy the two-lane way way and the two-lane distance from the front of the tendency newspaper company.

Accordingly, on September 23, 2015, from around 15:03 to 16:23, the Defendant occupied about 5,50 participants in the assembly, as well as about 6 lanes from the two lanes to the front line and the eight lanes from the new line, thereby hindering the passage of the road by land in collusion with the participants at the assembly.

Summary of Evidence

1. Partial statement of the defendant;

1. Reporting on information status;

1. Recording record of the dispersion order;

1. A report on an outdoor assembly;

1. Photographs of the violator;

1. Assembly flow photograph;

1. Assembly flow photographs on September 23, 2015;

1. Communications data;

1. Application of Acts and subordinate statutes to the investigation report (subject matters of inspection);

1. Article 185 of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the crime, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;