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(영문) 의정부지방법원 2016.06.22 2016고단989

일반교통방해

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 14, 2015, the Defendant received a direction from the president of the Korean Construction Workers' Union C branch, and from the president of the Korean Labor Union around November 2015, to participate in the presidential contests among the above citizens held on November 14, 2015.

Accordingly, around 15:30 on November 14, 2015, the Defendant attended an assembly held in front of the building of the headquarters E located in Jongno-gu Seoul, Jongno-gu, Seoul, and participated in the Korean Workers' Competition held in the Seoul Square located in Sejong-gu, Jung-gu, Seoul. From around 16:30 on the same day, the Defendant occupied 43,000 participants of the assembly from around 16:30 on the same day to the eight-lane of the Seoul Jung-gu, Jung-gu, Seoul, and attended the assembly and ped together with the participants of the assembly. The Defendant interfered with the traffic of the vehicle by occupying the vehicle by the vehicle wall installed by the police in front of the G hotel located in the Seoul, Jung-gu, Seoul, along with the participants of the assembly from around the same day to around 19:24 on the same day.

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

Summary of Evidence

1. Statement by the defendant in court (as at the second public trial date);

1. Evidentiary photographs;

1. Application of the Acts and subordinate statutes to the investigation report (a photographer of documentary evidence, date and time verification), investigation report (the result of requesting provision of communication confirmation data), and the result of requesting provision of communication confirmation data

1. Relevant Article of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the crime. Article 185 of the same Act concerning the selection of punishment (Optional to Penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order has a record of being punished as the same force, the defendant was only passively attending the meeting at the time of the instant case and did not proceed to an excessive act, and he recognized the instant crime and against his wrong act.

In addition, the punishment as ordered shall be determined in consideration of the defendant's age, environment, motive, means and result of the crime, and circumstances after the crime.