2010 Highest 580 General traffic obstruction, violation of the Assembly and Demonstration Act

1. A;

2. B

3. C.

4. D;

Song-young (prosecutions) and stuffed (public trial)

Attorney E, F, and G (for all defendants):

July 19, 2012

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the above fine is not paid by the Defendants, the Defendants shall be confined in the Labor House for a period of 50,000 won converted into one day.

To order the Defendants to pay an amount equivalent to the above fine.

Of the facts charged against the Defendants, the Defendants are not guilty of violating the Assembly and Demonstration Act.

Criminal facts

The Defendants participated in the '5.18 commemorative events and national workers competition' with the participants in the 6,000 assemblies, and moved from May 16, 2009 to 20:30, around 18:20 to 20:30, the Defendants jointly interfered with the general traffic by occupying approximately 1.6 km from around 1.6 km to the front of the Korean branch office located in the Dong Dong-dong of Daejeon Daejeon Metropolitan City.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of the police statement concerning H;

1. Each report on investigation;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 185 and 30 of the Criminal Code; Selection of each fine

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

The acquittal portion

1. Summary of the facts charged

Defendant A and B were the members of each cargo department I, Defendant C were the members of the cargo department, the members of the cargo department, and Defendant D were the members of the private-public-private partnership K. From January 2009 to May 3, 2009, Defendant A refused to perform their duties on the ground that 78 “individual cargo transport service provider,” who belongs to the distribution council of the Korea-Japan branch, did not comply with the agreement on the increase of KRW 30 per unit of delivery fees, and was notified from the Korea-Japan branch of the termination of the contract. Defendant A and B interfered with the execution of police officers’ duties while holding a night outdoor assembly and holding a police officer’s office in the vicinity of the Gwangju branch of the Gwangju branch, and it was found that the arrest warrant was issued to L, who is the head of the cargo solidarity branch, and was presumed to have been presumed to have been suicide in the vicinity of the Daejeon branch of the Daejeon branch of the Gwangju branch.

On May 6, 2009, the cargo solidarity determined Daejeon Branch, the center of the logistics activities of the Republic of Korea, as the place where L was discovered, as the place where L was located, was designated as the place where the Daejeon Branch, which was the center of the logistics activities of the State, was located, and 90 members belonging to the Korean War Branch, including the members of the cargo solidarity, were held in front of May 14:30, 2009, 'Ma and N used violence by the police officers and police officers who controlled them in order to enter the building of the Daejeon Daejeon Branch through which part of the participants participated in the demonstration, and the participants who were named as the participants of the demonstration took part in the demonstration, by reducing the scambling in the police officers' possession of the police officers, and by cutting off the scambling of the police officers.

On May 9, 200 to 19:30 on May 14:0, 200, the cargo solidarity continuously held the "Resolution for the Scuppression Related to Death" that asserts the guarantee of basic labor rights, the removal of non-regular workers, the suspension of labor pressure, the suspension of the reduction of the transportation fee for door-to-door engineers, the restoration to the original state, etc. In order to enter the Daejeon Branch, the number of people, including theO, 300 members of the part of the participating demonstration, including theO, committed violent acts, such as harming the police officers, who displayed the only flag with a view to entering the cupption building, leading to the building for the above call center, and harming the destructive acts, such as harming the police officers, who committed a destructive act with the only flag, the flag, etc.

As such, as L-related violent assemblies related to accidents have been held several times in Daejeon, it was decided to hold 5,18 commemorative events and national labor competitions held every year by affiliated labor groups, including civil labor groups and cargo solidarity, in Daejeon, and around 14:00 on May 16, 2009, the government office building decided to hold 8,000 or more cargo jointly and severally and 5.16 May 16, 200 to succeed to the spirit of war against the accident.

The Defendants participated in the instant assembly at approximately 6,00 persons present before the Daejeon Central Hospital located in the Dong-gu Daejeon-gu, Daejeon, by holding the 1stm of May 16, 2009 the Ministry of Cargo Joint and Several Chiefs of Staff such as P and Q Q, etc. The 1st of May 18:20 to 20. From around 18:20 to 20:30, the Defendants participated in the instant assembly. The instant assembly had already been held after sunset, and the executives of the measures for the relocation of the assembly participate in the assembly are able to prepare a threat of force, and the direction for the police activities to interfere with the happiness of the police, such as the removal of the 3th of the 1st of the 6th of the 6th of the 1st of the 6th of the 6th of the 0th of the 1st of the 3th of the 6th of the 1st of the 6th of the 1st of the 3th of the 6th of the 2nd of the 3th of the 1st of the 1st of the disaster.

As a result, the Defendants participated in an assembly and demonstration which are obviously likely to pose a direct threat to public safety and order by means of collective violence, intimidation, damage, fire prevention, etc.

2. Determination

In order to establish a crime of violation of Article 22(4) and Article 5(1)2 of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”), an actor must participate in an assembly which is obviously likely to pose a direct threat to public peace and order by means of collective violence, intimidation, damage, fire prevention, etc. (hereinafter “Assembly which is obviously likely to pose a threat to violence, etc.”) as objective requirements, and it is required to recognize that the assembly or demonstration was held in violation of Article 5(1)2 of the Assembly and Demonstration Act at the time of participation by an actor as a subjective requirement.

In full view of the circumstances before and after the assembly of this case, the organization and development process of the assembly of this case, the required time and importance of the part in which violence was exercised, the degree of violence exercised, and the proportion of persons participating in violence during the assembly, etc., which can be known through the documentary evidence, the assembly of this case cannot be readily concluded as constituting an assembly of this case from the beginning. Furthermore, it is difficult to separately remove only the part in which violence was exercised, and it can be seen as an assembly of this case as an obvious threat of violence, etc.

3. Conclusion

If so, this part of the facts charged constitutes a case where there is no proof of crime, and thus, it is not guilty under the latter part of Article 325

Judge Roster