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(영문) 서울중앙지방법원 2014.12.24 2014노3528
일반교통방해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the Defendants’ appeal: misunderstanding of legal principles and unreasonable sentencing

2. Determination on the grounds for appeal

A. As to the misapprehension of the legal principle, the following facts are acknowledged according to the evidence duly admitted and examined by the court below.

① At around 00:00 on July 20, 2008, around 00:0, there was an industrial accident of more than 1,600 persons for demonstration on India and the roadway from Roloari to west Linari, and accordingly, there was no vehicle traffic in the above direction.

(2) The demonstration stand in the above section from around 00:17 on July 20, 2008 to 00:40 on the same day was reduced to 1,300, but the vehicle still did not pass.

(See Investigation Records 37-41 and 44 pages). (3) After that, 01:00 on the same day, 900 persons among the demonstration teams with 1,000 persons or more for the same day were dissolved after reorganization assemblies are held by the Seoul Metropolitan Government Office and moved to the air protection area of the Seoul Metropolitan Government Office. On the other hand, the remaining 10 persons were transferred to India, and only when 01:20 on the same day, the vehicle traffic in the above section was normally conducted.

(4) On the other hand, the number of people of the demonstration zone 90, which is moved to the bank of the Seoul Metropolitan Government as above, continued to move to the front road of the National Police Agency, depending on the road behind the front of the office of the Seoul Metropolitan Government, through a luminous intersection, after moving to the front road of the National Police Agency, after moving to the front road of the office of the Seoul Metropolitan Government.

(Investigation Records 87-77 pages, 90 pages). (5) At around 03:00 on the same day, more than 80 persons of the demonstration zone were driven by moving to Seodaemun and moving to the front direction near the westari.

6 pages, 102-105 pages, 110, and 141 pages). 6 The Defendants were arrested as flagrant offender on the road between Magdong-ri and Gyeonghee-ri, 03:30 on the same day while they were moving along with the aforementioned demonstration team.

(2) In light of the above facts of recognition, the demonstration team, including the Defendants, is going along the front lane from July 20, 2008 to July 20, 2008.

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