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(영문) 서울중앙지방법원 2016.08.25 2016고단4760
일반교통방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the chairperson of the C organization and a person who has been working as a joint representative of D organization.

On September 14, 2015, the president of the National Democratic Trade Union (hereinafter “the president of the National Labor Union”) agreed in principle on the labor market structural reform at the Economic and Social Development Committee, which strongly led to the strong opposition, and the strong strike to stop the government’s follow-up measures.

Accordingly, the president of the private sector decided to hold a large scale of "large-scale "large-scale" competition jointly with civil and social organizations, such as democracy citizens' behavior opposing the "former Implementation of Textbook", which was put against the rice price decline, ratification of the Korea-China FTA, and TPP accession, etc., and announced the "Woo-gu Woo-gu Woo-gu Woo-gu, Seoul, Gai" under the title "Woo-si, Ga-Woo-Woo-Woo-Woo," which is called "Woo-Woo-Woo," and declared that "Woo-gu, 100,000 people will participate."

On November 14, 2015, from around 17:25 to 21:20 on November 14, 2015, the Defendant engaged in demonstration with the 6,000 other participants in other assemblies, and occupied the entire way in front of the press center located in the Tae-gu Seoul Central District, Seoul, while driving along the luminous square and occupying the road, thereby interfering with the traffic of the vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Evidentiary photographs;

1. Situation and degree of circumstances at the time of the general replacement;

1. Application of Acts and subordinate statutes to a report on investigation (the location of the road occupied by the person under investigation);

1. Relevant Article of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the selection of criminal facts;

1. The reasons for sentencing of Article 62(1) of the Criminal Act (including the favorable circumstances as seen below) are the same.

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