logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2017.07.20 2016노485
일반교통방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles (related to the point of interference with general traffic) was a simple participant at a meeting held on March 28, 2015 (hereinafter “instant meeting”), and the Defendant was not aware of the scope of the assembly reported at the time or the progress of the assembly, as in the general participants. There was no perception as to whether the course of the assembly conducted in the instant case had remarkably deserted the reported scope.”

B) In addition, the Defendant did not engage in a “direct act causing traffic interference” by taking part in significant deviations from the reported scope.

The defendant was only engaged in as a part of the people in front of the flusium, and there was no other special act, such as participation in the assembly, and he did not bear more than flusium roles.

① The Defendant was moving along with the participants in an assembly in the left-hand side of the right-hand side of the progress direction.

It is difficult to find out only the fact that the police had taken photographs at the time and the defendant participated in the illegal assembly, and it is not sufficient to recognize the fact that the defendant committed an act above the defendant's participation in the assembly of this case.

② At the time of the instant assembly, the Defendant was the head of the Korean Public Officials’ Union D branch, but did not play any role other than participating in the instant assembly, and only took part in the instant assembly and took part therein.

The fact that the defendant was in the above position was directly engaged in, or was in a conspiracy with the organizer, a direct act that resulted in more simple participation in the assembly.

It is difficult to see it.

(3) In light of the provisions of Article 16 (4) 3 of the Assembly and Demonstration Act, the duty of prohibition of deviation from the reported scope shall be imposed only on the organizer of the assembly, and such duty shall be imposed on the participant in the assembly.

arrow