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(영문) 광주지방법원 2013.06.26 2013노465

일반교통방해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (the part concerning defamation in the judgment of the court below) that the Defendant was assaulted by Gwangju Viewing C and his employees is true, and since it is for the public interest and thus, the illegality is denied. Therefore, the judgment of the court below which convicted the Defendant of defamation is erroneous or misunderstanding of facts or misunderstanding of legal principles. 2) The sentence of unfair sentencing (2 million won of fine) by the court below is too unreasonable.

B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (the part concerning general traffic obstruction in the judgment of the court below) led to Defendant’s one-person demonstration, which has considerably difficult passage through the road for a long time. Therefore, the judgment of the court below which acquitted Defendant on the charge of general traffic obstruction is erroneous or misunderstanding of legal principles. 2) The above sentence of the judgment of the court below which acquitted Defendant on the charge of general traffic obstruction

2. Determination

A. As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the following circumstances acknowledged by the lower court based on the evidence duly adopted and investigated by the lower court, namely, (i) F, D, E, and service company employees, who are public officials of Gwangju Viewing City, were sent to the investigation agency and the lower court in the court, stating that “I, from August 20, 2012, the Defendant was moving to the Defendant only by means of moving the Defendant to the Defendant, by one person’s demonstration and interfering with traffic on the road front of the Gwangju Viewing door, and thus, the police officer again was working on the road again and one person’s physical contact with the police officer, and even at all times, the Defendant could have been accused of sexual indecent conduct.” (ii) On August 20, 201, F, who is an employee of the road and service company, has moved to the Defendant by means of obtaining a banner cited by the Defendant.” (iii) At around August 30, 2012.