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(영문) 서울중앙지방법원 2013.08.14 2013노1863

일반교통방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) Although the Defendant merely constitutes a simple participant in each assembly of this case, he cannot be punished as a co-principal for the crime of interference with general traffic, the lower court erred by misapprehending the legal doctrine on accomplices. 2) The Defendant participated in a peaceful assembly as part of an effort to stop the extreme situation of the F Company and resolve social conflicts. This constitutes a justifiable act and thus, the illegality is dismissed.

3) Regarding the general traffic obstruction on May 19, 2012, the Defendant attended the reported assembly to hear the dispersion order and dissolve after the completion of the assembly twice, and did not have any intention to obstruct traffic. 4) With respect to the general traffic obstruction on June 16, 2012, this day assembly is merely an exercise of peaceful walking, and the traffic safety of the public is not significantly impeded due to the Defendant’s act.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. In light of the relevant legal principles and legislative intent of Article 6(1) of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”), in a case where an assembly or demonstration is conducted on the road after completing lawful reports, the road traffic is restricted to a certain degree. Therefore, in a case where the assembly or demonstration was conducted within the reported scope or it was conducted differently from the reported details, barring special circumstances, it cannot be deemed that the general traffic obstruction under Article 185 of the Criminal Act is established, barring special circumstances.

However, if the assembly or demonstration significantly deviates from the scope of the original report or seriously violates the conditions under Article 12 of the Assembly and Demonstration Act, making it impossible or considerably difficult to pass through by interfering with road traffic.