일반교통방해
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant did not engage in any conduct that directly interferes with traffic, and there is no conspiracy with other participants who engaged in such conduct. Thus, the joint principal offender of the public offering cannot be established.
There is a relation between the defendant's participation in the assembly and the interference with traffic in the state where police walls have already been installed.
shall not be deemed to exist.
Therefore, the lower court erred by misapprehending the facts charged or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2) The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles
A. The summary of the facts charged is that the Defendant, who is the president of the Korean Federation of Democratic Workers’ Unions (hereinafter “Korean Union Head Office”) of the Korea Health and Medical Industry Workers’ Association, was the head of the Y branch, and the participants in the nameless assembly from November 14, 2015 to December 20:30, the Defendant, starting from around the 110 Seoul Central Public Prosecutor’s Office to the 16:47 on November 14, 2015 to the 20:30:30 on March 14, 2015 and opened the front lane to the 110 Seoul Central Public Prosecutor’s Office and going through the method of driving along.
Accordingly, the Defendant conspired with the participants in the assembly and interfered with traffic.
B. The court below found the defendant guilty of the facts charged on the ground that the defendant's act of driving along the participants in the daily border assembly as stated in the facts charged, and the defendant's act of driving along and occupying roads was against the social norms, thereby obstructing the general public's traffic.
(c)
1) In light of the legislative intent of the Assembly and Demonstration Act (hereinafter “the Assembly Act”), the traffic of a road shall take place when a legitimate report is completed and an assembly or demonstration is conducted on the road.