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(영문) 서울중앙지방법원 2014.08.04 2014고정2638
일반교통방해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 28, 2013, at around 15:35, the Defendant attended the ‘Candlelightlightlighting culture system’ held in the Seoul Jung-gu Seoul Central Assembly, Jung-gu, Seoul Central Assembly, with approximately 3,00 participants in other assemblies, while holding the assemblies together with approximately 3,00 participants in the assemblies, the Defendant occupied 18:2 and 18:23 of the same day, even though there was no report on the demonstration or progress, occupied 12 lanes in front of the ‘Saecheon duty free shop’ located in Jongno-gu Seoul Jongno-gu, Jongno-gu, Seoul, and obstructed the passage of vehicles for about 25 minutes from around 18:10 on December 28, 2013 to around 19:35 on the same day.

Accordingly, the Defendant conspired with other participants in the assembly and interfered with the traffic on land by other means.

Summary of Evidence

1. Defendant's legal statement;

1. Indication of the location map of an assembly, demonstrationer's photograph, and each assembly, demonstrationer's photograph, and all kinds of assembly, photograph, or picture;

1. Report of information status;

1. Application of Acts and subordinate statutes to the report on outdoor assembly or demonstration;

1. Relevant Article of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the assembly normally reported was punished in the course of deviating from the reported scope, and the defendant is only a simple participant of the assembly and is not in the position of organizer or any equivalent position.

Although the defendant was sentenced to criminal punishment for the crime of interference with business and the violation of the Road Traffic Act, there is no record of being punished or investigated as a violation of the General Transport Obstruction or Demonstration Act of the same kind as this case.

The punishment shall be determined in consideration of the circumstances leading to the assembly of this case, the defendant's occupation and economic situation, etc.

It is so decided as per Disposition for the above reasons.

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