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(영문) 대구지방법원 2018.06.28 2018노844
일반교통방해
Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. It is true that the Defendant, by misapprehending the legal principles, was present at the assembly and promotion of the resolution conference for the general power of the public officials of the Republic of Korea and the strengthening of the national pension and the assembly of the resolution conference for the general power of the public officials of the Republic of Korea.

However, since the Defendant was not a person who led or directed the demonstration but a simple participant, there was no intention or conspiracy to obstruct traffic due to the failure of the police to hear the dispersion order.

Even if the defendant's act constitutes a requirement for the formation of a general traffic obstruction, it is difficult to view it as a violation of social norms.

Nevertheless, the court below convicted the defendant of the facts charged in this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (700,000 won) is too unreasonable.

2. Determination

A. The gist of the facts charged in this case is that the Defendant is a member of the staff and the C school teacher belonging to the Ulsan branch of the Korean Teachers’ Union.

On May 14, 2014, the National Public Official Workers' Union (hereinafter referred to as the "Special Union") and the National Teachers' Union of Korea (hereinafter referred to as the "Special Union") known that the government promoted the amendment of the Pension Act for Public Officials, and against this, they established a joint strike headquarters for strengthening public pension (hereinafter referred to as "public administration") with more than 50 public officials' organizations, such as the General Federation of Korean Public Officials' Unions, the Korean Federation of Teachers' Organizations, and the Korean Public Officials' Unions.

Members of major old-age and electric-school, etc., participated in the “Resolution Resolution for Joint Suppression of Public Pension Muppression” held on June 28, 2014 at the Cheongcheon-gu Seoul Cheongcheon-gu, Seoul, and proceed with the distance to Seoul viewing, and are jointly and severally with a senior organization, the Public Officials Pension Act.

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