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(영문) 서울중앙지방법원 2016.09.12 2016고정1263

일반교통방해

Text

The defendant shall be innocent.

Reasons

1. On April 16, 2015, from around 19:00 to around 21:10 on the summary of the facts charged, the Assembly of the People's Measures (C) held a non-reported meeting "the National Assembly of the People's Republic of Korea" in the presence of more than 10,000 persons, including the members of the Council of the People's Countermeasures against the Sewol Month, the members of the Council of Family Council of the April 16, 2015, from around 19:0 to around 21:10 on April 16, 2015, with the movement of the vehicles from around 10:3 lanes of the vehicle from around 10:00 to around 10 lanes of the vehicle from around 10:0 to 3:5:00 of the vehicle from around 10 to 3:5:0 of the vehicle from around 20 to 3:0 of the building that had been on the direction of the movement in Seoul.

As seen above, the Defendant conspired with the participants in the above assembly to occupy the lanes around 21:35 on the same day with the participants in the above assembly, and thereby interfered with the traffic by land.

2. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value that leads a judge to feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see Supreme Court Decision 2005Do8675, Mar. 9, 2006, etc.). (1) The defendant does not participate in or engage in an assembly on April 16, 2015, and went back to a social economic master event held in a public forum and went back to the public.