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(영문) 서울중앙지방법원 2017.06.22 2017노1143
일반교통방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. (1) The lower court found the Defendant guilty on August 31, 2012 among the charges charged, on the ground that the Defendant’s general traffic obstruction was committed on November 24, 2012, the general traffic obstruction was committed on January 30, 2013, the general traffic obstruction was committed on May 1, 2013, the general traffic obstruction was committed on May 15, 2013, and the general traffic obstruction was committed from May 15, 2013 to 18:47 (hereinafter “the general traffic obstruction was committed on May 15, 2013”), and that the Defendant was not acquitted on May 15, 2015, on the ground that it interfered with the general traffic obstruction was not committed on May 15, 2013: (i) around 16:37, around 16:51, around 16:16:5, around 15, 2015; and (ii) around 25:16:6:15 of general traffic obstruction.

On the other hand, the Defendants filed an appeal on the ground that the lower judgment erred by misapprehending the facts as to the obstruction of ordinary traffic by the Defendant on January 30, 2013, the obstruction of ordinary traffic by the Defendant on May 1, 2013, and the obstruction of ordinary traffic by the Defendant on May 15, 2013, and the charges as to the whole guilty portion on May 15, 2013, the Prosecutor filed an appeal on the grounds that the lower judgment erred by misapprehending the facts as to the obstruction of ordinary traffic by the Defendant on May 15, 2013, and the sentencing as to the whole of the lower judgment.

(2) Before remand, the appellate court rendered a judgment dismissing all the appeals by the defendant and the prosecutor, and only the defendant filed an appeal against this judgment. The Supreme Court has reason for the appeal against the defendant as to obstruction of general traffic 1 on May 15, 2013.

The judgment of the court below was reversed on May 15, 2013 on the ground that the appellate court prior to the transfer of money had a concurrent crime under the former part of Article 37 of the Criminal Act, and that there was a single sentence as to the point of general traffic obstruction No. 1 and the remaining guilty part. The judgment of the court below was reversed on the ground that the point of general traffic obstruction No. 1 and the point of general traffic obstruction No. 1 on May 15, 2013 and the point of general traffic obstruction No. 2 on May 15, 2013.

(3) If so, May 15, 2013 obstructs general traffic.

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