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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding, misunderstanding of legal principles, ① an act conducted in a state where road traffic has already been obstructed by the police, does not fall under the elements for the formation of a general traffic obstruction order, and ② a legitimate assembly or demonstration inevitably led to the passage of the police after preventing the police from carrying out the delivery of the demonstration team. As such, the illegality of the demonstration constitutes a justifiable act under Article 20 of the Criminal Act, and the defendant’s responsibility should be dismissed, or the defendant’s lawful act cannot be expected.
③ The Defendant did not interfere with 45 minutes or traffic from 18:00 to 18:45.
Nevertheless, the lower court, which found the Defendant guilty of the entire facts charged in the instant case, erred by misapprehending the facts or by misapprehending the legal doctrine.
B. The sentence of the lower court (two years of suspended sentence in six months of imprisonment, and eight hours of community service) is too unreasonable in light of the following circumstances.
2. Determination
A. On February 12, 2014, the summary of the facts charged of the instant case is as follows: (a) the Korean Democratic Union Federation of Workers (hereinafter “Korean Workers’ Federation”); (b) composed of the Korean Farmers’ Federation; (c) the Korean Federation of Farmers’ Association; (c) the Korean Federation of Farmers’ Association; (d) the Korean Association of Residents’ Association; and (e) the Korean Association of Residents (hereinafter “National PP”) plans the Korean General PP on February 25, 2014 (hereinafter “National PP Committee”) planned the Korean General PP on February 25, 2014, the first week of the appointment of office of C; (b) from around 16:00 on the same day, one year from the Seoul
2.25 Holding the National Plelelights (hereinafter referred to as “National Plelights”) and decided to hold candlelights from around 19:00 on the same day.
Accordingly, on February 25, 2014, around 16:25, the Korean Commission held a national strike resolution meeting with approximately 13,000 members, such as the members of the labor union in Seoul Jung-gu, Seoul Special Metropolitan City, while holding a national strike resolution meeting, the assembly was completed at around 17:40 after the assembly was held in the order of the strike for the implementation of cultural performances or symbol of the common competition of the public-private society as the class D.
The defendant as above.