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(영문) 전주지방법원 2017.08.24 2016노1769
일반교통방해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s misunderstanding of the facts and misapprehension of the legal doctrine, the Defendant participated in the 16:56 competition among the public (hereinafter “instant assembly”) held on November 14, 2015, and took part in the around 16:56 square meters, but at the same time, the 16:31 on the west-guroter and the steering room, the 16:31 around the west-gu street was installed, and the function as a road was lost.

Therefore, the defendant's participation in the assembly led to the result that the passage of people or vehicles was impossible or considerably difficult.

subsection (b) of this section.

On the other hand, the Defendant did not engage in any direct conduct that may cause traffic interference as a simple participant of the instant assembly, and the Defendant shall not be held liable for the crime of joint principal offenders to be recruited.

2) The sentence of the lower court (an amount of KRW 700,000) that is unfair in sentencing is too unreasonable.

B. The Prosecutor’s above sentence is too uneasible and unreasonable.

2. The summary of the facts charged was directed by the Defendant to participate in the assemblies of the Korean Democratic Trade Union (hereinafter referred to as the “Korean Democratic Trade Union”) as the president of the F preceding North Korea branch under the Korean Democratic Trade Union Federation (hereinafter referred to as the “Korean People’s Union”), and from the president of the Korean People’s Republic of Korea on November 14, 2015.

Accordingly, from November 14, 2015 to 19:00 on November 14, 2015, the Defendant: (a) occupied the front lane with the participants in the above assembly, and obstructed the traffic of many unspecified vehicles by occupying the front lane from the long distance to the vicinity of the same Gu (wester) located in Jongno-gu Seoul Metropolitan Government, Jongno-gu to the same Gu (wester).

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

3. In full view of the following facts acknowledged by the evidence adopted by the lower court, the lower court’s judgment: (a) the Defendant, the North Korean Branch of the F (hereinafter “I”) was notified by the Chun General of the time, place, etc. of the instant assembly and went back to and from the 8th line when the Defendant, who was the North Korean Branch of the F (hereinafter “I”), was aware of the right to the instant assembly

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