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(영문) 서울남부지방법원 2018.01.18 2017노1647

일반교통방해

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. On March 28, 2015, the Defendant (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of sentencing) participated in the meeting (hereinafter “instant meeting”) held on March 28, 2015, the Defendant returned to the meeting site from time to time to time in order to communicate with reporters, and entered the place of the meeting at around 16:31 on the same day when the Defendant discovered visitors and attempted to take personnel management.

However, the defendant divided and returned to India as soon as possible, and after that, the toilet was found to have been in front of LG Committee building.

The defendant did not participate in the above promotion, and there is no relation between the defendant's act and the result of traffic obstruction.

The lower court erred by misapprehending the legal doctrine on the background and degree of involvement in the Defendant’s active participation and the elements for establishing general traffic obstruction.

In addition, the punishment (2 million won) imposed by the court below on the defendant is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Summary of the facts charged in this case

A. The Defendant’s status is a person who is working as D of the Korean Teachers and Employees’ Union (hereinafter “former Teachers and Employees’ Union”).

B. Around May 14, 2014, the Korean Public Officials’ Union (hereinafter “former Labor Union”) and the former Telecommunication Union (hereinafter “former Labor Union”) known that the government was promoting the amendment of the Public Officials’ Pension Act by around around May 14, 2014, established a joint strike for the strengthening of public pension (hereinafter “Public Officials’ Pension”) with 50 Korean public officials’ organizations, such as the General Federation of Public Officials’ Unions, the Korean Federation of Teachers’ Organizations, and Korean Public Officials’ Unions, etc.

Members of major old-age and electric-school groups, etc. are members of the public forum in Seoul Cheongcheon-gu around June 28, 2014, which is held in the public forum in Seoul Cheongcheon-gu, Seoul.