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(영문) 서울중앙지방법원 2016.10.26 2016고정2665

일반교통방해

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around September 18, 2015, the National Democratic Trade Union Federation (hereinafter referred to as the “National Labor Union Federation”) reported to the Seoul Southern-gu Police Station at the Seoul Southern-gu Police Station from September 21, 2015 to October 18, 2015 that approximately 10 people participate in the delivery of the tendency newspaper company located in Jung-gu Seoul Jung-gu, Seoul.

However, from September 23, 2015 to around 15:03, a private labor gun took part in the conference with approximately 5,50 members, including union members, who more than 100 persons reported from around 15:0, and took part in the conference, the conference reported place more than the front of the tendency newspaper, which is the place where the assembly is reported, and was driven along the dynamic intersection, the interesting building, and the third party road in front of the Sejong Culture Center to interfere with the traffic of the vehicle.

At around 15:04 of the same day, the Defendant participated in the above assembly, and occupied 5,500 participants in other assemblies in Jung-gu in Seoul, and continuously occupied 1,000 participants in other assemblies before and after the same day at around 17:33 of the same day, and participated in the demonstration before and after the Sejong Culture Center in Seoul Jongno-gu, Seoul, and obstructed the traffic of vehicles.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Photographs;

1. A report on internal investigation (with regard to attachment of all the required conditions to the outdoor assembly report and accompanying of the report);

1. Application of Acts and subordinate statutes to an investigation report (with regard to the verification of evidentiary data, confirmation of data on confirmation of evidence, confirmation of data on confirmation of traffic, and attachment of the lane, point and location map, and the verification of documentary evidence

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;