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(영문) 서울중앙지방법원 2014.06.20 2014고정1007
일반교통방해
Text

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

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

Reasons

Punishment of the crime

1. On February 23, 2013, the Defendant: (a) on February 23, 2013, at the Seoul Central District Forum in Jung-gu, Jung-gu, Seoul, the Seoul Central Federation of the Korean Democratic Trade Union (hereinafter “Seoul Central Federation”) organized on the basis of the unification of Jung-gu, Seoul; (b) on the one hand, approximately 3,50 participants who participated in the assembly conference in the five-five emergency strike and the 10th task thereof; and (c) on the other hand, passed through two-lanes of the Republic of Korea through the sublime funeral, and went into the erobbb by the opening of the two-lanes of the Bank of Korea; and (d) on the other day, on around 16:31 of the same day, the Defendant continued an assembly by turning about 2,50 participants of the above assembly along with approximately two thousand and five hundred persons who moved in the two-lanes.

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

2. On May 1, 2013, the Defendant participated in the 123 World Labor Section 10s, which was organized by the Federation of the Korean Democratic Workers' Unions at the Seoul Square located in the Jung-gu Seoul Jung-gu Seoul Central Government on May 15:30, 2013.

At around 17:05 on the same day, the Defendant moved approximately 2,00 persons who participated in the national labor competition, and tried to enter the zone by 18:20 on the same day while occupying a lane of the same day after moving to the fluor hotel in which 2,00 pyeong-ro 23, Jung-gu, Seoul.

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

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each report on outdoor assembly and each report on the current status of information;

1. The application of the Acts and subordinate statutes governing the guidance for the moving routes of each assembly or demonstration organizer, each collection and reading material, and each assembly or demonstration report;

1. Relevant Articles 185 and 30 of the Criminal Act concerning facts constituting an offense and the choice of punishment;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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