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(영문) 서울중앙지방법원 2015.10.22 2015노2852

일반교통방해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. On January 30, 2013, the Defendant asserted the mistake of facts or misapprehension of legal principles by the Defendant, on January 30, 2013, the Defendant: (a) other participants in general traffic obstruction enter and leave the above four lanes from the five lanes before Samsung Bio-resources; (b) the Defendant’s vehicle traffic in front of Samsung Bio-resources is not obstructed due to the Defendant’s vehicle occupation. Furthermore, the vehicle traffic was being driven in the remaining one lane from the five lanes before Samsung Bio-resources; and (c) the vehicle traffic was smooth along the opposite direction, and thus, it cannot be deemed that it was impossible or considerably difficult for the Defendant to flow along the land at that time because the ordinary traffic obstruction police installed a wall on May 1, 2013 to temporarily enter the lane while the function as the lane has been suspended. Therefore, it cannot be deemed that the Defendant’s act interfered with the passage of the land by the Defendant.

3) On May 15, 2013, there was an agreement between the general traffic obstruction police and the organizer of the assembly to hold an assembly using three lanes among four lanes, and there was no intention to interfere with general traffic on the part of the defendant. The defendant and participants of the assembly did not exceed the scope of the assembly reported, and thus, there was no illegality of general traffic obstruction. (b) The defendant and participants of the assembly do not constitute a crime of interference with general traffic obstruction. The fact that the situation where the defendant and participants of the public prosecutor's assertion of mistake of facts occupy the base of the report on the metal labor union is an unilateral demand and a problem raising the matter that is not within the scope of the report on the metal labor union, and the traffic obstacle that is actually obstructed by the defendant and participants of the assembly at the time, due to the prolonged occupation of the lane of the defendant and participants of the assembly, and the whole four lanes prior to the head office of the Hyundai Automobile Co., Ltd. after moving the base of salt, and the act of occupying the base of unfair sentencing by the defendant and participants of the assembly constitutes a general traffic obstruction.