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(영문) 서울중앙지방법원 2017.05.19 2016노4394

일반교통방해

Text

The judgment of the first instance shall be reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles) did not have the ability to prove the evidence of the evidence in relation to the instant case, and the Defendant does not have the joint principal offender’s liability for conspiracy of traffic obstruction to the extent that the Defendant participated in the demonstration on the said date.

2) The punishment sentenced by the first instance court for the sentencing (2 million won) is too unreasonable.

B. It is unfair that the sentence imposed by the first instance court of the Prosecutor (unfair sentencing) is too uneasible.

2. Determination of the misapprehension of the legal principles as to K's general traffic obstruction

A. On June 19, 2014, the summary of the facts charged in this part of the charges planned an assembly demonstration under the name of “the fact finding of the Sewol ferry, the suppression of privatization, the succession to the spirit of heat, and the progress of the second national conference.” By J, the Seoul Regional Police Agency reported to the Seoul Regional Police Agency on the date and time of holding the assembly to “K 17:0 to 20:00, the place of the assembly,” the place of the assembly to “Cheongsan Scenic,” and the parallel course to the effect that approximately 10,000 persons will go along (the two lanes above) with “The Cheongsan Scenic, the Cheongsan Scenic, and two-lanes of the Cheongsan Scenic Scenic, each of which are located in B” (the two lanes below).

The Defendant participated in the above-racing progress that began in K 18:00, but went on from 2 A to 18:45 minutes from 3,00 to 35 minutes from 18:0 to 18:45 on the same day, the Defendant occupied approximately 3,00 other participants in the assembly at the end of 1 to 3,00 to 3,00 to 35 minutes from 18:10 to 18:35 minutes from 18:10 to 18:45 to 35 minutes from the same day.

Accordingly, the defendant conspiredd with approximately 3,00 participants in the assembly and interfered with the traffic of the land.

B. In order for documents output from the digital storage medium to be used as evidence as evidence of the admissibility of photographs and photograph files, the documents stored in the digital storage medium and printed out are “the identity” of the documents.