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(영문) 서울중앙지방법원 2016.11.18 2016노3450

일반교통방해

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles, and unreasonable sentencing)

A. misunderstanding of facts or misunderstanding of legal principles: (a) the Defendant was present at the assembly on May 1, 2015, but only did not interfere with traffic by occupying the road on India; and (b) the Defendant was merely a simple participant at the assembly, and there was no functional control over the traffic obstruction by other participants in the assembly as a co-principal.

Nevertheless, the judgment of the court of first instance which pronounced guilty against the Defendants is erroneous by misunderstanding facts or by misunderstanding the legal principles of joint principal offenders, which affected the conclusion of the judgment.

B. Each sentence (Defendant A: a fine of 2,00,000 won, Defendant B: a fine of 1,000,000 won) imposed by the first instance court of unfair sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the first instance court on the assertion of mistake of facts or misapprehension of legal principles, the 416 Joints and Veterans Organization (1:25 on May 1, 2015) was planned to hold a meeting of the "pan-state chill conduct" from around 20:25 on the basis of the fact that the police was obstructed by the police while trying to proceed to the chill chill chill chill chill chill chill chill chill chill chill chill chill chill chill chill chills in Seoul Jongno-gu, but the defendant participated in the meeting of the "pan-state chill chill chill chill chill" as well as 1,400 joint members, etc. (3) the defendant continued to participate in the meeting of the above 416th parallel chill chill chill chill chill chill chill chers.

The size and place of the meeting of the first instance court, including the above-mentioned facts, shall commence and be terminated by the evidence duly adopted and investigated by the court of first instance, such as the number of participants and the scope of the meeting of this case.