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(영문) 서울동부지방법원 2014.01.21 2013고정2225

일반교통방해

Text

The sentence against the accused shall be determined by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

On November 24, 2012, from around 16:10 to 18:30 on November 24, 2012, the Defendant participated in the fourth National Assembly to resolve the C Issues, which is being held by the “National Support Committee for the C Issues” in the Seoul plaza located in Tae-gu Seoul, Jung-gu, Seoul.

After the completion of the 18:30 on the same day to 18:55 on the same day, the Defendant tried to enter the area as a small air space by occupying more than 800 other participants in other assemblies, as well as the front door of the Liber hotel and the front door of the Seoul Metropolitan Government Office.

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

Summary of Evidence

1. Partial statement of the defendant;

1. C Subrogation, 11.24's 11.24's 4th pan-national Congress

1. Application of Acts and subordinate statutes to photographic materials of an assembly inventor;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the defendant's act constitutes a justifiable act that does not go beyond the scope of freedom of expression and is a peaceful assembly in which the defendant's participation does not go against the social norms.

All freedom and rights of the people, including the freedom of assembly, may be restricted by law in cases necessary for national security, maintenance of social order or public welfare. To ensure that the act of violating the above law does not violate social norms, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the protected interest and the infringed interest; (iv) urgency; and (v) supplementaryness that there is no other means or method than the act

In light of the facts that can be recognized by the evidence of the judgment, the act of the defendant is done.