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(영문) 서울중앙지방법원 2013.04.19 2012고정6846
일반교통방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant was a student of the Ministry of Social Science in D University, and participated in the 19th National Assembly of May 19, 2012, which was in progress by the “the National Commemoration Committee for Victims of Both Motor Vehicles”, etc. in the Seoul Yongsan-gu Seoul Yongsan District in Yongsan-gu Seoul, Yongsan-gu, Seoul.

After the completion of the above 17:25 on the same day, the Defendant moved along with approximately 3,50 participants in other assemblies with about 17:25 on the same day to the front of the door of sublime, the Bank of Korea street, and the passage of the road through the entrance and exit of the Gu. On the same day, at around 18:15 on the same day, the Defendant continued to move along to the front of the door of sublime, the Bank of Korea street, and the entrance and exit of 10 lanes on the road, thereby hindering the traffic of the vehicle.

Accordingly, the defendant conspired with other participants in the assembly and interfered with the traffic by land.

Summary of Evidence

1. Partial statement of the defendant;

5. Descriptions of the information status report of the Korean National Assembly;

1. Application of each Act and subordinate statute of the Republic of Korea on May 19, 195 to images of documentary evidence of the National Assembly/ Demonstration (total status) and photographic materials of the Assembly/ Demonstration person;

1. Relevant Article of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the selection of penalties;

1. Determination as to the defendant's assertion under Articles 70 and 69 (2) of the Criminal Act for the confinement of a workhouse

1. The Defendant, as a simple participant of an assembly, was unaware of the details of the assembly report at all, did not commit an illegal act under the Act on Assembly and Demonstration, and exercised the freedom of assembly under the Constitution. As such, it does not constitute a constituent element of a general traffic obstruction, or is dismissed from illegality.

2. The following circumstances recognized by the evidence duly adopted and examined by the judgment, namely, the situation in which multiple participants, including the Defendant, occupy a lane that is commonly used in the general public’s traffic and driving ahead of the two directions, are either impossible or considerably difficult.

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