logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.02.13 2014노3832
집회및시위에관한법률위반
Text

Of the judgment of the first instance, the part against the Defendants is reversed.

The sentence of each sentence shall be suspended against the Defendants.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant B, D (i.e., mistake of facts or misapprehension of legal principles on the facts charged in the instant case, each general traffic obstruction with Defendant B and D should be viewed as a result of or an infringement on the interpretation of general traffic obstruction. The above Defendants were already controlling the entry of vehicles on the road and the movement of demonstration units before participating in the instant assembly, and the traffic obstruction resulted from other assembly participants’ demonstration. Thus, the Defendants’ act and traffic obstruction cannot be acknowledged.

【The first instance sentencing (one million won of fine) on Defendant B and D is too unreasonable.

B. The sentencing of each of the first instance judgments (one million won of fine) against the Defendants by the prosecutor (unfair punishment) is deemed to be too uncomfortable and unfair.

2. Determination

A. As the grounds of appeal on the assertion of mistake of facts or misapprehension of legal principles as to Defendant B and D, the above Defendants were the crime of interference with general traffic, and the Defendants’ act and the result of traffic obstruction did not cause causation between the Defendants’ act and the result of the traffic obstruction, and the first instance court rejected the Defendants’ assertion by asserting the same purport in detail the summary of the claim and the relevant legal principles in the judgment of the first instance court, and by pointing out the details of the judgment in detail. In light of the relevant legal principles, the first instance court’s judgment is just and acceptable, and there is no error of law by misunderstanding of facts or misunderstanding of legal principles as alleged by the Defendants, and thus, this part of the Defendants’ assertion is rejected.

B. Determination of the grounds for appeal on unfair sentencing, and the assertion of unfair sentencing by Defendant B and D, and the prosecutor, respectively.

arrow