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(영문) 서울중앙지방법원 2014.03.20 2014고단111

일반교통방해

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 6, 2013, from around 20:53 to 21:33 on the same day, the Defendant occupied approximately 1,00 participants in other assemblies while participating in the 'National Assembly' rally held by the NIS B responding to the Seoul Jung-gu Seoul Metropolitan Government Assembly' in the Seoul plaza, which is located in Jung-gu, Seoul.

Accordingly, the Defendant conspired with other participants in the assembly and interfered with the traffic on land.

Summary of Evidence

1. Partial statement of the defendant;

1. Data concerning the photograph of the assembly or demonstration organizer;

1. Information situation data (five persons, including B, 14:20, including the 5th National Assembly of the People's Republic of Korea, and the State Council B, etc., report on the situation of the assembly related to the fixed number of the State Council);

1. Application of the Acts and subordinate statutes to report internal investigation (attaching photographs, etc.);

1. Relevant Articles 185 and 30 of the Criminal Act concerning facts constituting an offense. Article 185 (Selection of Fine)

1. The defendant's assertion of Article 70 and Article 69 (2) of the Criminal Code for the confinement at the Nowon-gu Station is alleged to the effect that he did not have any intention to obstruct general traffic. However, in light of the fact that the defendant occupied the roadway with other assembly participants, and that there is no inevitable reason to occupy the roadway, it cannot be viewed that the defendant did not have any awareness and intent to obstruct traffic while occupying the road along with other assembly participants, and that there is no reason to deny illegality or responsibility. Thus, the defendant's argument is not acceptable.