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(영문) 서울중앙지방법원 2013.04.11 2012고정6619

일반교통방해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 19, 2012, the Defendant participated in the “E Victim’s Korean Memorial Games” held and held by the D Trade Union at the Seoul Southern-gu Seoul Southern-gu Seoul Central District Span-ro, Seoul Central District, etc.

From 18:15 to 18:58 on the same day, the Defendant occupied the above road by occupying approximately 3,50 participants in other assemblies, and occupying a five-lane prior to the entrance of subway viewing stations in Jung-gu in Seoul and the Seoul Square in both directions, and obstructing the traffic of vehicles.

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

Summary of Evidence

5. 19. 19. Report on the Status of the Korean Congress;

5. Request for cooperation in relation to the internal affairs of a tort of the 19th Monopoly Pound, notification of prohibition of outdoor assembly, etc.

1. Application of Acts and subordinate statutes to documentary evidence and photographic materials (A) of an assembly inventor;

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

1. Articles 70 and 69 (2) of the Criminal Act (one day: 50,000 won) of the Criminal Act;

1. The defense counsel's assertion as to the defense counsel under Article 59 (1) of the Criminal Act (the suspended sentence of sentence: 500,000 won, the first offender, the degree of participation, and the circumstances to be taken into account in the course of the crime) of the suspended sentence. The defense counsel argues that the defendant's assembly of this case constitutes a justifiable act because the defendant was aware that the assembly of this case was legitimate by the chief of the police station's notice of prohibition, and thus, was present at the court's suspension of execution, and thus there is no illegality or violation of social norms. However, since the assembly of this case is lawful and the assembly of this case does not constitute legitimate and does not constitute a general traffic obstruction, the illegality cannot be deemed to be avoided solely on the ground that the defendant was aware that the assembly of this case was legitimate. Considering the degree of traffic obstruction, the cause, purpose, and progress of traffic obstruction, etc