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(영문) 춘천지방법원 2017.08.16 2016노1167
일반교통방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misapprehension of legal principles, the Defendant was merely a simple participant in the relevant assembly, and the Defendant interfered with traffic on land in collusion with other participants in the assembly.

The prosecution against the defendant who did not specify the public contest relationship is null and void.

(2) The Defendant did not obstruct traffic, had no intention to obstruct traffic, and had no photograph taken by him interfered with traffic, since he was illegally collected evidence, thereby obstructing traffic.

there is no evidence that may be admitted.

(3) An act in which the defendant takes part in an assembly shall not constitute an act of interference with general traffic, destruction, damage by fire or other means corresponding thereto.

Therefore, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principles or thereby affecting the conclusion of the judgment.

2) The sentence of the lower court that was unfair in sentencing (an amount of KRW 500,00) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal principles as to the Defendant’s assertion of misunderstanding of the conspiracy 1), but the lower court, by comprehensively taking account of the evidence duly adopted and examined, found Defendant guilty of interference with general traffic by recognizing the conspiracy with the participants in the assembly, and rejected the Defendant’s assertion on the above assertion on the grounds of detailed reasons. In addition to the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s determination that found Defendant guilty by recognizing a conspiracy relation with the Defendant is justifiable and did not err by misapprehending the legal principles as alleged by the Defendant.

(1) 5,00 persons from among the participants who participated in assemblies including the defendant after this assembly was held in the National Assembly in the National Assembly Park.

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