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(영문) 수원지방법원 2017.07.19 2016노8403
일반교통방해
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. Defendant was a simple participant of the instant assembly, and the police already installed a wall to prevent the traffic of the vehicle, and the traffic of the participants in the assembly was obstructed by the Defendant’s act, since the vehicle traffic had already been obstructed by the police.

shall not be deemed to exist.

There is no intention to obstruct the general traffic, and there is no conspiracy with other participants in assemblies to interfere with the general traffic.

Therefore, the judgment of the court below which recognized the defendant as a crime of general traffic obstruction is erroneous in the misapprehension of legal principles.

B. The sentence sentenced by the court below (the suspended sentence: a fine of one million won) is too unhued and unreasonable.

2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. The Defendant is a member of the National Metal Workers Association E branch of the Democratic Labor Union E branch of the facts charged in the instant case.

[Attachment and progress process of the 14 November 2015] On September 22, 2015, the office of the Jung-gu Seoul Central Assembly for Democratic Winter Games: the Korean Democratic Labor Union Federation, the Korean Association for Farmers and Fishermen, the Korean Federation for People's Association, the Korean Association for People's and Farmers, the Korean Association for People's Community, the Korean Youth Association, the Korean Youth Association for the 21st century, wishes, while the Gyeonggi-gu Youth Community, the Gyeonggi-do Ethical Society, the Gyeonggi-do Ethical Society, the Asian Ethical Society, the Young-gu Ethical Society, the Gwangju-gu Women's Day, the Workers' Day for the Promotion of the Democratic Nursing, the Workers' Age, the Workers' Union, the Korean Labor Association, the Korean Women's Women's Association, the Korean Women's Women's Association, the Korean Women's Association, the Korean Women's Women's Association, the Korean Women's Women's Association, the Korean Women's Women's Association, the Korean Women's Association, the Korean Women's Association, the North Women's Association, the Korean Women's Association, the Ma, the Korean Women's Association, the Ma.

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