일반교통방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. According to the evidence submitted by the prosecutor, the court below found the Defendant not guilty of the facts charged in the instant case by misapprehending the legal principles or misapprehending the legal principles, even though the Defendant’s participation in the instant demonstration constituted a case where the Defendant could be held liable for a crime as a joint principal offender in light of the developments leading up to and degree of participation in the demonstration.
2. On October 20, 201, the Defendant was sentenced to a suspended sentence of two years in October 10 and the said judgment became final and conclusive on the 28th of the same month, for the following reasons: (a) the Director General of the Democratic Nowon-gu Branch Office, and (b) the offense of violation of the Punishment of Violences, etc. Act at the Seoul Central District Court.
On August 27, 2011, there were 2,50 members, such as members of the Democratic Labor Union, and 2,500 members of the Democratic Labor Union, and held a "D" assembly regarding temporary layoff from August 27, 201 to the following.
In collusion with the participants of the above assembly on August 28, 201, at around 00:02, the defendant, in collusion with the participants of the above assembly, occupied an exclusive road located in the same Gu from the front of the office of the defendant of the non-permanent area to the front of the independent park located in the same Gu, and proposed relief such as the withdrawal of layoff, etc., such as the withdrawal of layoff, and led them to the passage of land, thereby hindering traffic.
3. In light of the legislative intent of the Assembly and Demonstration Act (hereinafter “the Act”), where a legitimate report is completed and an assembly or demonstration is conducted on the road, the traffic of the road will be restricted to a certain degree. As such, even if the assembly or demonstration was conducted within the reported scope or conducted somewhat different from the reported details, barring special circumstances, even if the traffic of the road was obstructed due to such failure, it does not constitute a general traffic obstruction under Article 185 of the Criminal Act, barring special circumstances.