(영문) 서울중앙지방법원 2015.02.06 2014노3536 (1)

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.02.06 2014노3536 (1)

일반교통방해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The fact that some of the participants of the assembly, different from the fact that the Defendant participated in the assembly by mistake of facts and misapprehension of legal principles, did not constitute a joint principal offender of the instant crime solely on the fact that some of the participants of the assembly, who participated in the assembly, left the police officer a chill of the maintenance line signboard and the physical disease, etc., cannot be said to be a criminal offender of the instant crime.

B. The Prosecutor’s sentence of the lower court is too minor.

2. Determination

A. 1) In full view of the evidence duly adopted and examined by the lower court and the statements in the court of the first instance of X, and S, the facts constituting the Defendant’s crime can be acknowledged in the judgment of the lower court. 2) The conspiracy in the co-offender relation that two or more persons conspired to commit a crime is not required under the law, but is a combination of intent to realize a crime. Although there was no process of the whole conspiracy, if the combination of intentions is made successively or implicitly through several persons, the conspiracy is established.

As long as such solicitation has been made, even those who did not participate in the conduct shall be held liable as joint principal offenders for the conduct of others.

(2) In light of the above legal principles, the court below's decision on the following facts is justified: (a) since February 5, 2014, the Korean Democratic Union Federation of the Korean Metal Workers' Federation (hereinafter "Labor Union") which belongs to the participants of the assembly of this case (hereinafter "labor Union") has developed an assembly, demonstration, and sacratity; (b) the defendant took part in an assembly, demonstration, and sacratity as a member of the Trade Union; (c) about 800 participants of the assembly including the defendant et al. at the time of taking part in the above assembly; and (d) there were 80 persons who participated in the assembly including the defendant et al. were al. with police officers, and they did not comply with the order of dispersion; and (d) during that process, they are set up in the bulletin board of the order-

참조판례

-대법원 1993. 7. 13. 선고 92도2832 판결

유사 판례

-서울중앙지방법원 2015.01.30 2014노3536

-대전지방법원 2015.08.27 2015고정246

-대전지방법원 2015.8.27.선고 2015고정246 판결

-수원지방법원 2014.05.29 2014노324

-울산지방법원 2015.09.23 2015고단1363