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(영문) 서울남부지방법원 2016.06.30 2012고정1938

일반교통방해등

Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged is the parent joint activity of the disabled nationwide, and at the time of the second C, the Defendant joined the so-called “D” in which human rights activities were on board and participated in the second C.

A. On July 9, 201, from around 21:20 to around 15:30 on July 10, 201, the Defendant, who violated the Assembly and Demonstration Act (prohibited at night) and interfered with general traffic, went through approximately 4.2 kilometers from around July 21, 201 to around 85:30, at the time of the public notice of the F or other C Planning Group, with approximately 7,000 participants who were gathered. From around July 21:20, 201 to around July 15:30, 201, the Defendant departed from the square of the Seocho-dong Busan Metropolitan City Seocho-dong Busan Metropolitan City, and went through approximately 4.2 kilometers from around the direction of proceeding to the front side of the H members of the Seocho-do G located in Yeongdeungpo-gu, Busan Metropolitan City.

Accordingly, the Defendant participated in the night demonstration prohibited from 0:00 on July 10, 201, and interfered with traffic by allowing the participants to pass on the land jointly with the participants.

B. On July 9, 201, from around 22:50 on July 9, 201 to around 15:30 the following day, the participants of the demonstration, including the Defendant’s violation of the Assembly and Demonstration Act (e.g., the order of dispersion), continued to proceed to the direction of the Hanjin Heavy Industries with occupying the lanes in front of the roads of the above HH members located in the Busan Young-gu G, Busan, but did not proceed to a way by the police force, and continued to open relief.

Accordingly, the Seoul National Police Agency I ReductionJ requested voluntary dispersion on July 9, 201 to the participants in the assemblies who are gathered in front of the above H members of the Assembly on July 9, 201, and on July 23:16, the Defendant did not immediately dissolve the participants of the demonstration on three occasions from July 10, 201 to July 10:26, 201.

2. In a judgment criminal trial, the burden of proving the facts charged is to be borne by the public prosecutor, and the conviction is to lead a judge to prove that the facts charged are true to the extent that there is no reasonable doubt.