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(영문) 서울중앙지방법원 2015.01.23 2014노4190

일반교통방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principle) was arrested while driving a candlelight meeting held in the Seoul square at the time of the instant case, and the Defendant was arrested while driving the road to get out of the subway to return home. At the time of the instant case, the Defendant had already been under the police control, and thus, did not interfere with traffic.

2. The purpose of general traffic obstruction under Article 185 of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass by causing damage to or infusing land, road, etc., or interfering with traffic by other means, as an offense, under the legal interest protected by the law of the general public’s traffic safety (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). Moreover, general traffic obstruction is a so-called abstract dangerous offense, where traffic is impossible or considerably difficult, and the result of traffic obstruction should not be practically caused.

(1) In light of the above legal principles, the court below held that the Defendant’s act of drinking alcohol as well as drinking alcohol, etc. at the time of the assembly or demonstration in this case, which was duly adopted and investigated by the Health Team, the first instance court, and the size of the assembly or demonstration, such as the number of participants, etc. at the time of the assembly or demonstration in this case, and the amount of demonstration following the completion of the assembly or demonstration in this case, as well as the situation and place where the Defendant was arrested as a flagrant offender following the assembly or demonstration at the scene of the assembly or demonstration in this case; in particular, at the investigation agency, the Defendant appeared to drink as a flagrant offender at the scene of the assembly or demonstration in this case; and in particular, at the first time, the Defendant appeared to have not attended the assembly or demonstration in this case; and later, the Defendant participated in the above assembly or demonstration in the first instance court and had ordered dissolution, but other participants were not dissolved.