일반교통방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles), the defendant's act, status and status, the degree of assembly assembly, etc., which resulted in a situation where the general traffic is impossible or considerably difficult because the defendant occupies the road along with other participants in assembly;
Even though the seal can be determined, the judgment of the court below that acquitted each of the facts charged of this case is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.
2. Summary of the facts charged and the judgment of the court below
A. A summary of the facts charged 1) B: (a) from around 06:00 to 23:50 of the date B, the “C organization” held the “D” in the participation of 60,000 members from the Hando Park Culture Complex from around 06:0 of the date B, and reported to the effect that it would proceed with the “E bank” section at the Greendo Park Culture E.
Accordingly, the headquarters of the above joint strike began with the progress of the above resolution while 60,000 persons, such as FF associations, etc., were participating in the Indo Park Culture Marshall in Yeongdeungpo-gu Seoul Metropolitan City from 14:10 to 16:10 of the B date.
On the same day, at around 16:15, more than 3,50 participants in assemblies such as members of FF associations, etc. were driven along the way prior to the direction of the passage, not the above-reported route, but the passage of the women located in the summer-dong Seoul Metropolitan Government, Yeongdeungpo-gu. On the same day, at around 16:35 on the same day, they moved along the way prior to the two directions of the G building, conducted demonstration and interfere with the traffic of the vehicle.
Defendant stated that he had more than 3,50 participants in other assemblies before and after around 16:33 at around 16:33, as well as more than 3,500 other participants in the event of the above G building in the direction of proceeding. However, even if according to the facts charged, it is at least 16:35 after the police at least 16:35, the direction of proceeding in which the Defendant participated in the demonstration on the street.