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(영문) 광주지방법원 2017.11.16 2016고정1995

일반교통방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the Chairperson of Section B (hereinafter referred to as “B”) C Trade Union D E.

From November 14, 2015 to 13:00, F, including B, composed of 53 citizens and social organizations, planned to proceed with the "L", which is the assembly reported to each of five teams, including labor (G), farmers (H), citizens (I), young people (I), and young people (J) from around November 14, 2015.

As a result, approximately 68,00 participants in the assembly participating in the prior assembly of each sector will hold the above assembly at K, and around 15:08 of the same day, the 15:08 of the same day came to and go to K while moving to K while moving to the former one, and approximately 2,000 persons including the defendant, etc. at approximately 16:30 to 16:50 on the same day via N Station and O station, conflict with the police.

The defendant, along with the above participants, tried to enter K-section from November 14, 2015 to 20:40 of the same day by occupying a lane prior to the two directions in the vicinity of the Seoul Jongno-gu Seoul Metropolitan Government P.

Accordingly, the defendant conspired with the above participants in the assembly and interfered with the traffic by land.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to the reading report on a person who violated the Assembly and Demonstration Act, illegal photographic data, each outdoor assembly report, and each notification of prohibition of outdoor assembly, adjustment of Q-related situation on November 14, 11, two copies of photographs, internal investigation reports (the installation records of police walls), and photographs attached to A, internal investigation reports (the installation records of police walls), communication confirmation data, inquiries into communication confirmation data, internal investigation reports (the details of the A-used cell phone telephone calls and the location analysis of A according to the location of the base station), location of base station, investigation reports (such as road traffic conditions, etc.), investigation reports (the possibility of prior illegal assembly recognition) (the confirmation of the possibility of prior illegal assembly).

1. Article 185 of the Criminal Act, Articles 185 and 30 of the Criminal Act, and the choice of fines concerning the crime;

1. Article 70 of the Criminal Act to attract a workhouse.