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(영문) 서울중앙지방법원 2015.11.27 2015노2793
일반교통방해
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The prosecutor charged the Defendant with the charge of the general traffic obstruction as of November 26, 201 and the general traffic obstruction as of June 16, 2012. The lower court acquitted the Defendant on the ground that the entire facts charged in the instant case constituted a case where there is no proof of crime.

Therefore, the prosecutor appealed to the whole judgment of the court below on the ground of erroneous determination of facts, and the court prior to the remanding of the case was accepted only for the part concerning the obstruction of general traffic by the prosecutor on November 26, 201, and reversed the part concerning obstruction of general traffic by November 26, 201, and sentenced the defendant to a fine of KRW 300,000 and dismissed the remainder of the appeal by the prosecutor.

Therefore, only the prosecutor appealed on the ground of mistake of facts as to the general traffic obstruction portion of June 16, 2012, which was not guilty in the judgment of the party prior to remand. The Supreme Court accepted the prosecutor's assertion of mistake of facts and reversed the portion of the judgment prior to remand, but the remaining portion of the judgment prior to remand which the prosecutor's appeal was accepted and reversed, and the remaining portion of the judgment prior to remand should also be reversed and sentenced to a single punishment in relation to the same concurrent crimes under the former part of Article 37 of the Criminal Act.

2. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the defendant can sufficiently recognize the fact that the defendant conspired with other participants in the assembly in collusion with each other, such as the facts charged in the instant case.

3. Determination

A. The summary of each of the facts charged in the instant case is the vice president of C University, and (1) from around 18:40 on November 26, 201 to around 19:40 on March 26, 201, the Defendant participated in the meeting held by the “Korea-U.S. Free Trade Organization Headquarters for the People's Campaign Group in the Sejong Culture Center located in Sejong-ro Seoul Jongno-gu Seoul Metropolitan Government,” and (2) at around 19:46 on the same day after the completion of the meeting, the Defendant took part in the “Korea-U.S. Free Trade Agreement ratification” (hereinafter “Korea-U.S. FTA ratification”).

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