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(영문) 서울중앙지방법원 2015.05.14 2014노3830
일반교통방해등
Text

The judgment below

The part against the Defendants is reversed.

The Defendants are not guilty. The Defendants are not guilty.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding ① When the Defendants entered the scene of this case, the Defendants did not participate in the demonstration after the completion of the demonstration, and the Defendants did not intentionally occupy the road or interfere with the flow of vehicles, and there was no collusion with other participants of the demonstration.

② The time when the Defendants were arrested was time beyond self-defensive, but became beyond self-defensive in the process of consecutive years.

B. In light of the legal principle, the prosecutor at the lower court’s argument as to the scope of validity of the revocation of a public prosecution, and revoked the public prosecution as to the violation of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) due to outdoor participation after sunset. Since the revocation of a public prosecution is effective as to the whole charges recognized as uniform and identical. As such, the revocation of the public prosecution becomes effective as to the violation of the Assembly and Demonstration Act due to participation at night since 24: (a) the fact that the violation of the Assembly and Demonstration Act was committed after 24: (b) the fact that the violation of the Assembly and Demonstration Act was committed after 24: (c) the fact that the violation of the Assembly and Demonstration Act was committed on a different premise; and (d) the lower court’s judgment that convicted him of the violation of the general traffic obstruction was erroneous by misapprehending the legal principle. (b) The legitimacy of a public prosecution as a collective expression of opinion, which is a legitimate act before 24:00,000 after 24:00.

(2) In light of the purport of the decision of the Constitutional Court that held that the ban on the outdoor demonstration was unconstitutional after sunset, the total ban on the outdoor demonstration after 24: (a) violates the Constitution; and (b) the method, place, size, degree of noise generated; and (c) the method, place, and scale of the demonstration by comprehensively examining the specific circumstances, such as the method, scale, degree of noise generated; and (d) details

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