logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.08 2015고정2314
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

On August 15, 2014, at around 14:40 to 17:35, the Defendant participated in the “National Assembly for the enactment of the Special Act on the Sewol Ferry” organized by the Yongsan-gu Seoul Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul National Assembly for the People's Countermeasures against the Sewol Ferry, and occupied approximately 3,000 participants of other assemblies from around 19:05 to about 22:00 of the same day, and obstructed the traffic of vehicles by occupying 8 lanes in two directions from the visible distance to the end 2:00.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The recording of statements made by witnesses D in the fourth trial record;

1. Partial statement of the police interrogation protocol of the accused;

1. Imageic data of the violator (excluding the part in which it is written);

1. Each investigation report (No. 4,5 in the order of evidence);

1. According to the evidence held by the court below, since multiple participants in the assembly on the day of the instant case occupy the lanes prior to each one-way road, causing traffic obstruction and danger, the defendant also committed a direct act causing traffic obstruction as well as multiple participants in the assembly, due to the fact that they are standing or sitting on the road for a considerable period of time specified in the facts charged. Taking into account the size, place, time spent, specific form and quantity of the demonstration of this case, it can be acknowledged that there was a combination of will successively or impliedly between the defendant and other participants in the assembly occupying the road. The application of the law of the law of the case is also recognized.

1. Relevant Articles of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning criminal facts. Article 185 (Selection of Punishment of Fines)

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;

arrow