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(영문) 수원지방법원 2017.09.22 2017노3798
일반교통방해
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. The summary of the grounds of appeal 1) Defendant A’s mistake of the facts and misapprehension of the legal doctrine, the Defendant had already installed a wall in the police as the type of the police and had a vehicle flow completely obstructed from 15:05 to 15 hours after the vehicle traffic was completely obstructed, and only she was at the string of the participants in the assembly at the top of the road.

Therefore, traffic has been obstructed by the defendant's act.

Now, there was no intention to obstruct the traffic of the defendant.

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

2) According to the evidence submitted by the prosecutor (1) misunderstanding of the facts and misunderstanding of the legal principles (as to the acquittal portion), Defendant B, while recognizing the fact that the assembly, which was carried out according to the third class at the time of the instant case, was illegal, has interfered with traffic by occupying the road directly with other participants in the assembly.

may be appointed by a person.

(2) The lower court’s sentence (700,000 won in penalty) against Defendant A, which was unfair in sentencing, is too uneased and unreasonable.

2. Determination 1) The Defendant made the same assertion in the lower court regarding Defendant A’s misunderstanding of facts and misapprehension of the legal doctrine.

The lower court rejected its assertion on the following grounds.

① On November 12, 2015, the president of the Korean Democratic Trade Union (hereinafter referred to as the “former Democratic Labor Union”) submitted an outdoor assembly report with the content that “from November 14, 2015 to November 16:0 to 20:00, he/she will deliver the report to the Cheong Campaign Community Center through the luminous distance from Seoul Viewing Schen, but on November 13, 2015, the director general of the Seoul Regional Police Agency notified the prohibition of assembly on the ground that there is a concern for causing interference with the traffic flow of the relevant road and its surrounding road, thereby causing serious inconvenience to traffic.

② Nevertheless, the participants of the assembly, who completed a prior assembly in Seoul Viewing plaza, moved on November 14, 2015, and started driving in the direction of luminousized, and the participants of the assembly, who participated in the assembly at the Seoul Viewing plaza, were in line with the highest order.

(3) The police shall be involved.

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