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(영문) 광주지방법원 2018.05.16 2018노975
일반교통방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The defendant does not pay the above fine.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles) as to general traffic obstruction, or by misapprehending the legal principles, the Defendant participated in an assembly at the time stated in the facts constituting the crime, but there was no fact that “the act of making the traffic impossible or remarkably difficult by means of damage, fire, or other means,” as prescribed by Article 185 of the Criminal Act, and the act of Defendant’s active participation in the traffic obstruction was in a state where the passage of the road had already been obstructed due to the installation of the train wall by the police prior to the passage of the Defendant. Therefore, the Defendant’s active participation in the traffic obstruction caused traffic obstruction.

It is difficult to regard it as an act in relation to traffic interference or traffic interference, and the defendant is only one of the simple participants in an assembly held by several persons, so it cannot be viewed as a joint principal offender for general traffic interference.

Nevertheless, the judgment of the court below which found the defendant guilty of general traffic obstruction is erroneous in the misapprehension of facts or in the misapprehension of legal principles.

2) The sentence of the lower court (an amount of KRW 3 million) that is unfair in sentencing is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination as to the misapprehension of the legal principles on general traffic obstruction

A. In relation to the summary of the facts charged (hereinafter “the facts charged”), with regard to “the General Assembly of the Korean Democratic Workers’ Unions (hereinafter “Public Labor Union”),” which was held on November 14, 2015 after the launch of the headquarters for the General Assembly of the Korean Workers’ Unions (hereinafter “Public Labor Union”), the Defendant interfered with the traffic on land in collusion with the participants in the assembly, by occupying the two-way lanes from November 14, 2015 to November 333, 2015, as the chairperson of the Party E-gu Seoul Special Metropolitan City, from March 15, 2015 to around 00:15 of the same month.

B. The lower court’s determination shall be based on the evidence as indicated in its judgment.

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