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(영문) 제주지방법원 2018.10.15 2016고단1915
일반교통방해
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a member of the organization B.

On September 22, 2015, the C organization (hereinafter “C organization”) established the “E organization” comprised of 53 citizens and social organizations on September 2, 2015, and announced the “E organization’s declaration of satisfaction” under the title “Woo Ga, Seoul, Gaz, Gaz, Gaz, Gaz, Gaz, Gaz, and Gaz, Gaz, Gaz, Gaz, Gaz, and Gaz, Gaz,” and declared the “E organization’s declaration of satisfaction” aimed at the participation of 100,000 people on November 14, 2015.

E organization started a prior assembly on November 14, 2015, with a total of five sectors, in Seoul Squa, etc. located in 1 A, Jung-gu, Seoul, Jung-gu, Seoul, and planned to proceed with the “G government-speak speaks competition from among the publics on the bombbol, the 16:00 on the same day,” and carried out a prior assembly by sector in accordance with each prior plan.

After that, the total number of 68,00 people who participated in the assembly in each sector's prior assembly was in conflict with the police who was prevented on the ground that the 68,00 people who moved into the e-mail square in Seoul, Jung-gu, Seoul, while moving into the e-mail of the front line at the 16:40 on the same day.

At around 16:47 on November 14, 2015, the defendant, along with the above participants in the assembly, occupied the two-way lanes in front of the 54 Boi-ro Seoul Jongno-ro, Jongno-gu, Seoul.

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

2. Article 6(1) of the Act on Assembly and Demonstration (hereinafter “the Act”) and its legislative intent, where an assembly or demonstration is conducted on the road after completing a lawful report, the traffic of the road will be limited to a certain degree. As such, in a case where the assembly or demonstration was conducted within the reported scope or conducted differently from the reported contents, if the reported scope is not considerably deviating from the reported scope, the traffic of the road was obstructed thereby.

Even if there are no special circumstances, the Criminal Act is not applicable.

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