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(영문) 청주지방법원 2018.06.21 2018노14
일반교통방해
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. According to the summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal principle), the evidence submitted by the prosecutor submitted by the defendant, the defendant conspired with other participants, who were committed in order or secretly beyond the scope of the assembly reported by the defendant, to make it impossible or considerably difficult to pass road traffic.

Although it is reasonable to see that the lower court acquitted the Defendant of the facts charged of this case, it erred by misapprehending the legal doctrine as to a principal offender publicly recruited and thereby affecting the conclusion of the judgment

2. Prior to the judgment on the grounds for ex officio appeal, the prosecutor applied for amendments to the indictment to the effect that “not scheduled and not reported” among the charges No. 4-6 of the judgment of the court below in the judgment of the court below in the first instance prior to the remand of the case, is “ not scheduled”, and that “Seo-ro in Jongno-gu Seoul at around 16:52 of the same day” “Seo-ro in Jongno-gu Seoul at around 17:06 on the same day, the prosecutor applied for amendments to the indictment to the effect that “In the third class of the F hotel in Jongno-gu Seoul at around 17:06 on the same day,” and that the judgment of the court below was changed to the subject of the judgment by permitting it.

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's assertion of mistake or misunderstanding of the legal principles on the ground that the above ground for reversal exists ex officio, and the judgment below is reversed and it is again decided as follows.

[Judgment to be used again]

1. On November 14, 2015, the Defendant, at the Seoul plaza located in Jung-gu Seoul around November 14, 2015, participated in the 68,000 members of political parties and civic groups, who participated in the 68,000 presidential contests.

In the report of the above assembly, 16:00 to 20:00 on the same day, 30,000 persons participate in the Seoul Square, luminous private street, Sejong-ro government office buildings, Gyeongdo-do-ro, Gyeongdo-do-style, and Cheongdong-gu community service center.

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