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(영문) 서울중앙지방법원 2017.07.06 2016노4815
일반교통방해
Text

The judgment of the court below is reversed.

The accused shall announce the summary of the judgment of innocence.

Reasons

1. Summary of grounds for appeal;

A. In fact-misunderstanding or legal principles, the Defendant occupied the road by the police at the time the Defendant occupied the road at the time when he/she occupied the lane of the Dongbsular distance in the Dongdaemun-gu Seoul, Jongno-gu, Seoul along with the conference participants around May 1, 2015 at around 23:54, and the road at around November 17:21, 2015, around November 14, 2015, the road was already interrupted by the police. Thus, the Defendant occupied the road.

Even if it is impossible or considerably difficult to pass through the road, the result has been caused.

subsection (b) of this section.

Therefore, each act by the defendant does not constitute a crime of interference with general traffic.

B. The sentence of the lower court (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. On May 1, 2015, the Defendant took part in the “National Labor Union Federation of Korea” organized by the Korean Democratic Labor Union Federation of Workers (hereinafter “National Labor Union”) around May 1, 2015 at the Seoul square located in Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul, and participated in an assembly of the “National Labor Union of March 1, 2015”.

On May 1, 2015, the above Sewol ferry was held on May 4, 16, 2015, where the labor-saving was jointly and severally held with the labor-saving that decided to hold a strike against the labor-saving.

As a result, from May 1, 2015 to May 20:25, 2015, the 4-16 solidarity held a meeting of "pan-national cateral behavior" under the participation of 1,400 members and members of the labor union belonging to the members and members of Jongno-gu Seoul, Jongno-gu, Seoul, under the participation of 1,400 members belonging to the members and members of the labor union belonging to the members and members of the labor union. However, as the police was obstructed by the police, 100 persons, including the bereaved family members, were moved to India at around May 2, 2015, and 100 persons including the bereaved family members, including the bereaved family members of the Sewol ferry, continued to occupy the central part of the street in the border of the road in the country from May 2, 2015.

On May 1, 2015, the Defendant, along with the participants in the assembly, wear a white mast on a white flag on May 23:54, 2015, along with the participants in the assembly in a white flag, is a way prior to the distance of national Dongg-gu, Seoul Jongno-gu.

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