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(영문) 울산지방법원 2017.07.13 2017노517
일반교통방해
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. Based on the misapprehension of the legal principle, Defendant 1 did not have the awareness of intention or illegality of general traffic obstruction, and did not cause traffic obstruction. However, the lower court erred by misapprehending the legal doctrine, thereby finding the Defendant guilty of the facts charged in this case.

A) On November 14, 2015, the Defendant’s act did not constitute an element of interference with general traffic, and the Defendant did not have any awareness of illegality since he did not have any intention of interference with general traffic since he did not have any awareness of the illegality, even if the notification of prohibition by the police was lawful disposition, as a mere participant of the instant assembly, as a mere participant of the instant assembly, and there was no intention of interference with general traffic.

B) Police officers are not deemed to have caused traffic interference by installing a parking wall on the instant assembly, thereby causing traffic interference. They cannot be deemed to have caused traffic interference due to Defendant’s act.

2) The defendant guilty of an unfair sentencing case

Even if the court below's sentence (one million won) imposed on the defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Judgment on the grounds for appeal

A. As to the Defendant’s assertion of misunderstanding of the legal principles, the lower court’s finding the Defendant guilty of the facts charged in the instant case on the following grounds (which are acknowledged by the evidence duly admitted by the lower court), and there is no error of misapprehending the legal doctrine.

1) In relation to the instant assembly, the president of the Korean Democratic Trade Union (H University Hospital trade union to which the Defendant belongs) shall be affiliated with the headquarters for public transportation labor unions affiliated with the president of the Korean Democratic Trade Union.

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