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(영문) 서울중앙지방법원 2014.11.13 2014노3323
일반교통방해등
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. Summary of the grounds for appeal;

A. The fact that the Defendant was running along a lane with other participants in the demonstration, but the passage of the lane was conducted under the police control at the time, and the passage of the lane was not impossible or remarkably difficult.

B. The Defendant cannot be readily concluded that an injury of the victim was caused by the Defendant’s act, on the ground that: (a) there was no ability to manipulate the front wheelchairs with the intent to inflict an injury on the victim H with severe disabilities; and (b) even according to the victim’s statement, the Defendant was in an imminent degree by other participants in the demonstration at the time.

2. Determination on the grounds for appeal

A. On October 30, 2012, from around 11:05 to December 12:15, 2012, the Defendant: (a) took part in the “National Discriminatory Elimination of Disabled Persons” at the luminous square in Jongno-gu Seoul, Jongno-gu; (b) 250 persons participating in the foregoing Norm as well as the Ministry of Health and Welfare’s destination; and (c) finites and diskettes, etc., stating “the 24 hours aid to disabled persons,” and failed to report the demonstration. The Defendant et al., including the Defendant, conspiredd with the participants of the demonstration with the vehicle from around 12:30 to 15:45, on the same day, to 16-lanes of the vehicle participating in the demonstration, and thereby, the Defendant took part in the demonstration over the two-lane road, such as the road traffic distance, the road traffic distance, the front road building, and the front road through the front road and the front road through the front road.

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