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(영문) 서울중앙지방법원 2017.05.12 2017노796
일반교통방해
Text

Defendant

The judgment of the court below against A shall be reversed.

Defendant

A. The appeal by Defendant E and the above Defendant are not guilty.

Reasons

1. Summary of grounds for appeal;

A. Defendant E (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles) and misunderstanding of legal principles were committed on June 28, 2014 after attending an assembly in advance, and the Defendant left the demonstration immediately following the police’s dispersion order in order to verify whether the reason behind the endline was Wonson’s death.

In addition, after attending an assembly reported on November 14, 2015, there was no act or intention to obstruct general traffic.

2) The punishment of the lower court is too heavy.

B. Defendant A (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles) and misunderstanding of legal principles, the Defendant merely appeared while driving on the road when the road was obstructed, and did not interfere with the enemy drawing or general traffic.

2) The punishment of the lower court is too heavy.

(c)

The sentence imposed by the court below on the Defendants of the public prosecutor is too minor.

2. Defendant E: Determination on the assertion by Defendant and the Prosecutor

A. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake and misapprehension of the legal doctrine, the following facts and circumstances may be acknowledged.

According to the reasoning of the judgment below, as indicated in the judgment below, the Defendant interfered with traffic by occupying a road as a part of the assembly site, in order from June 28, 2014 to 18:40, and from November 14, 2015 to November 17:05 to November 17:50, 2015, in combination with each participant at each assembly, and making a progress beyond the reporting scope remarkably.

may be appointed by a person.

The defendant's assertion of mistake or misunderstanding of legal principles is without merit.

[1] On June 28, 2014, the Defendant participated in a prior assembly of the National Democratic Trade Union Federation of Korea (hereinafter “National Union of Korea”) on June 28, 2014, as the head of T (T) from around November 2013, who was the secretary general of T (T).

(2) Evidence photographs (Evidence No. 46 pages of evidence).

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