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(영문) 서울중앙지방법원 2015.01.23 2014노4184
일반교통방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles did not participate in the demonstration of this case and participated in domestic affairs.

Even if the demonstration in this case is merely a machine’s place of demonstration, it did not interfere with traffic in collusion with other participants, and it cannot be uniformly held as a crime of violation of the Assembly and Demonstration Act on the sole basis of the following:

B. The first instance of the unfair sentencing decision (the fine of KRW 700,000) is too unreasonable.

2. Determination

A. Comprehensively taking account of the fact-finding and misapprehension of legal principles, the fact that the Defendant participated in the assembly demonstration of this case from Seoul Square around May 31, 2008 at the investigative agency around 20:30 of the following day to be arrested as the flagrant offender of this case, while moving with the military during the assembly of this case at around 04:35 at the time of the assembly of this case, and stated to the effect that the Defendant took care of the situation where the assembly of this case was lawfully adopted and investigated by the court of first instance, the place and progress of the assembly of this case, the place and time of the Defendant’s accompanying participants, and the circumstances and place of the arrest of flagrant offender, and the Defendant participated in the assembly demonstration of this case at around 20:30 on May 31, 2008.

B. As to the assertion of unfair sentencing, the Defendant appears to have weak criminal intent for traffic obstruction as a simple participant of the assembly or demonstration of this case, and the fact that the Defendant appears not to have committed violent acts during the participation in the demonstration appears to have been committed, etc., in favor of the Defendant, but on the other hand, the Defendant’s assembly or demonstration of this case held in the downtownb

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