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(영문) 서울중앙지방법원 2014.07.09 2012고정3642
일반교통방해등
Text

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

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

Reasons

Punishment of the crime

1. No person who obstructs general traffic shall damage or fire a road, waterway, or bridge, or obstruct traffic by any other means;

Nevertheless, on August 15, 201, from around 11:10 to 12:50 on the same day, the Defendant participated in the pan-national conference for the autonomy, peace, and unification of 66 weeks, which was organized by the Maduneun-gu Seoul Central Government for about one hour and 8.15 minutes, and was convened in a way of pro rata farming by occupying approximately 3,50 participants in the conference, together with the above 3,50 lanes.

As a result, the Defendant conspired with the participants in the assembly and interfered with general traffic.

2. The Defendant in violation of the Assembly and Demonstration Act: (a) occupied the road at the same time and place as set forth in paragraph (1) in the same manner as set forth in paragraph (1); and (b) proceeded with an unreported assembly; and (c) requested the dissolution of himself on the ground of a unreported assembly by the director of the guards of the Nam-gu Police Station who has been authorized by the chief of the Nam-gu Police Station; (d) although the Defendant, etc. failed to comply with the demand for voluntary dispersion on August 15, 201, the head of the guard division issued the first dispersion order on August 15, 201, the second dispersion order on the same day at around

Accordingly, the defendant did not comply with the dispersion order.

Summary of Evidence

1. Statement made by C of a witness in the fourth trial record;

1. Information situation report (1 Assistant 45 Note), investigation report (87 pages), investigation report (87 pages of investigation records), investigation report (including attachment report of broadcast pictures and video CDs of the order of dissolution);

1. A written appraisal (as of April 9, 2014);

1. Application of documentary evidence photographic Acts and subordinate statutes

1. Article 185 of the Criminal Act, Article 185 and Article 30 of the Criminal Act, Article 24 subparagraph 5 of the Assembly and Demonstration Act, Article 20 (2) of the Assembly and Demonstration Act ( point of non-compliance with the order of dissolution), the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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