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(영문) 서울중앙지방법원 2015.11.17 2014노4824

일반교통방해등

Text

The judgment below

Part concerning Defendant A, B, C, E, and G shall be reversed, respectively.

Defendant

A, B, C, E, and G shall be acquitted, respectively.

Reasons

1. Summary of grounds for appeal;

A. Error of facts ① Defendant A, B, and C1 are placed in India at the time, and there was no participation in the instant assembly or interference with vehicle traffic in collusion with the participants in the assembly at around 21:00 on the day of the instant assembly. ② Defendant D was in the presence of the instant assembly at around 21:0, but there was only a fact that he was in the presence of the assembly on the day of the instant assembly, and there was no interference with vehicle traffic by occupying the roadway. ② The prosecutor did not specifically specify the date of the Defendants’ participation in the instant assembly in the facts charged, and the lower court found Defendant A guilty without specifying it.

② The Defendants participated in the instant assembly and interfered with vehicle traffic.

Even if the assembly of this case was conducted before self-determination and falls under the scope of protection of freedom of assembly under the Constitution, which should be accepted by the State and a third party, and the act of interference with general traffic is excluded from illegality due to acts that do not go against social norms. Since there are no circumstances to deem that the defendants are arrested before delivery and thus, it does not constitute elements for interference with general traffic.

3) Each sentence of the lower court on the Defendants of unreasonable sentencing (each fine of KRW 700,00) is too unreasonable. (b) misunderstanding of facts as to Defendant E and F1) ① Defendant E was at the site of the instant assembly at the time, but only sought the instant assembly at India after he was flicking with female flicks and returning home, and did not interfere with vehicle communication by participating in the instant assembly or occupying the roadway in collusion with the participants.

② Defendant F was trying to return home at 22:30 times after a candlelight cultural system was present at around 20:00 on the day of the instant assembly at around 20:0.

참조조문