일반교통방해
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The facts charged in this case and the judgment of the court below
A. The Defendant, around May 15:30, 2013, participated in the 123th anniversary of the 123th anniversary of the 15:30th anniversary of the facts charged in the instant case in the Seoul plaza, which was organized by the Korean Democratic Labor Union Federation.
At around 17:30 on the same day, the Defendant, together with approximately 2,00 participants in the Korean Workers' Congress, tried to enter the zone by 18:20 on the same day while moving to the fluor hotel located in Jung-gu, Seoul and moving to the 23 fluor hotel, and moving to the zone by 18:20 on the same day.
Accordingly, the defendant conspired with the above participants in the assembly and interfered with the traffic by land.
B. The lower court found the Defendant guilty of the facts charged on the ground of the evidence indicated in its judgment.
2. Summary of grounds for appeal;
A. The facts charged in the instant case are excessively wide range of co-offenders (conveners) and infringe Defendant’s right of defense on the following grounds: (a) the number of co-offenders (conveners) is too broad; and (b) their personal information and process of forming the collusion
(2) On May 1, 2013, the Defendant, who had no intention, participated in the national labor competition held in Seoul Square around 15:30.
However, the Defendant did not fully participate in the Defendant’s act of moving some of the participants in the Korean Workers’ Games to the flass hotel at around 17:30 on the same day and moving to the flass hotel and attempting to enter the flass seat from around 18:20 on the same day.
In addition, the road on the side of the flass hotel was already obstructed by the police due to excessive traffic control, and thus, the defendant's act did not lead to the result of traffic obstruction.
(3) The Defendant participated in the instant crime even if the act of political party was legitimate.
However, considering the constitutional importance of freedom of assembly and demonstration, the purpose of the assembly of this case and the time of traffic obstruction, the defendant's act is stipulated in Article 20 of the Criminal Code.