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(영문) 청주지방법원 2017.08.17 2017노487
일반교통방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the defendant's intentional act of interfering with traffic by exceeding the reported scope can be acknowledged. The defendant's act constitutes an act of interference with traffic in general, and the defendant's leading role in the assembly of this case constitutes an act of interference with traffic in general, and the relation of conspiracy with the organizer of the assembly of this case can also be acknowledged

Therefore, the judgment of the court below that acquitted the defendant is erroneous and adversely affected by the conclusion of the judgment.

2. In light of the detailed circumstances as indicated in its holding, the lower court determined that there was an intentional act to obstruct road traffic by significantly deviating from the scope of assembly reported to the Defendant by the prosecutor’s evidence alone, or that there was a contact with other participants in the order to the extent that the public prosecutor’s joint principal offender was constituted, in order with other participants

It is difficult to recognize that the defendant committed a crime that specifically obstructs traffic and that it is difficult to recognize that the traffic of the vehicle has interfered with the traffic of the vehicle, and the defendant was acquitted.

In light of the records, the judgment of the court below and its conclusion are just and acceptable, and there is no violation of law by mistake of facts as alleged by the prosecutor.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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