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(영문) 서울중앙지방법원 2017.01.11 2016고정3527
일반교통방해
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant was a person who had worked as the representative of an organization, and was present at a meeting of the “public participation contest” held on November 14, 2015.

On September 22, 2015, the said Korean Congress was an assembly organized by 53 civil society organizations jointly and severally launched, such as the National Federation of Democratic Workers' Unions against the structural reform of the labor market, against the National Federation of Democratic Workers' Unions, such as the decline of rice value, the ratification of the Korea-China FTA, and the TPP accession, etc., and the Korean non-obviousness solidarity against the former C party dissolution, placement of the company, etc., and the democratic behavior against the “Resangument of the history textbook state”.

On November 14, 2015, the headquarters for the strike of the general public divided into five sectors, such as farmers (Seoul Square) citizens (Seoul Square-ro), young people (university, university, Maro Park) and young people (Seoul), respectively, and thereafter, the assembly was held at the relevant site. A total of approximately 68,000 persons present at the assembly by each sector, who did not report in advance from 14:50 to 14:50, tried to enter into a emulative square by emulation, but the police and fright, who did not continue to proceed with the assembly at the emulation site of the building, and who did not report in advance, was dissolved at around 23:10.

On November 14, 2015, the Defendant occupied the two lanes prior to the two directions of the one-way street, along with many participants in assemblies, around 17:26.

Accordingly, the Defendant conspiredd with many participants in the assembly with a nameless assembly, thereby interfering with traffic on land.

Summary of Evidence

1. Partial statement of the defendant;

1. Report of information status;

1. Data about photographs of illegal actors;

1. Response to communications data;

1. Investigation report (verification of the guidance of a base station Handphones);

1. Application of Acts and subordinate statutes to newspaper articles;

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

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.

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