일반교통방해
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged was that the Defendant, as a person who works for the department of assembly of the D branch of the Motor Vehicle Trade Union D, participated in the presidential rally held in the E-Seoul third class.
From E 15:30 to 16:10, the Defendant occupied the 135 parking line prior to a hotel in Korea or in front of another hotel with the other participants in the assembly, and thereby, the Defendant interfered with the traffic of the road along with other participants in the assembly.
2. The summary of the grounds of appeal 1) Defendant (1) as a simple participant of the instant assembly, and the misunderstanding of the legal principles, the Defendant, as a simple participant of the instant assembly, had already been installed by the police, and was at the top of the participants in the assembly after the vehicle traffic was completely cut off.
Traffic has been obstructed by the defendant's act;
It is not possible to see that the defendant has intention to interfere with general traffic.
(2) The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.
2) The sentence imposed by the prosecutor by the lower court is too unhued and unreasonable.
3. Judgment 1 on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine 1) The lower court acknowledged the facts of crime based on the evidence submitted by the prosecutor, and found the Defendant guilty on the charge of violation of social norms.
2) In light of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the trial court, the lower court found the Defendant guilty on the ground that the evidence submitted by the prosecutor alone is insufficient to find the Defendant guilty of the facts charged. Therefore, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
Therefore, the defendant's misunderstanding of facts and misapprehension of legal principles is justified.
① The process of installing a garage on the date of the assembly of this case is as follows.
E 14:25 from around 14:5 to around 15,500 persons, such as metal streetlights, from among democratic Nowon-gu Management Group, are on the front side of the Seoul Square.