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(영문) 서울동부지방법원 2012.10.05 2012고정863
일반교통방해
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged in the instant case shall not damage, obstruct, or interfere with traffic by other means, a road, waterway, or bridge;

Nevertheless, from C 10:35 to 13:10 on the same day, the Defendant obstructed the traffic of the land along the vehicle by occupying approximately 800 vehicular roads, including the members of the G Trade Union, for about 2 hours and 30 minutes, at least 80 hours and 30 minutes, at the time of the outdoor assembly or demonstration, which is an outdoor assembly or demonstration to be reported in front of the D Building (E head office 100 meters before the building in front of the Seoul Station), via the road of Seodaemun Station, the street of the Seodaemun Station, the front of the National Police Agency, Seoul Station, the Seoul Station, and the Southern Tri-gu Road Demonstration (hereinafter “instant bus demonstration”).

2. The defense counsel asserted that the defendant participated in the bus demonstration of this case (hereinafter referred to as the “instant demonstration”) in the temporary section of the facts charged as stated in the facts charged, but the demonstration of this case was duly reported pursuant to the Assembly and Demonstration Act (hereinafter referred to as the “Act”). Although the head of the competent police authority notified the instant demonstration of the conditions for maintaining traffic order under Article 12(1) of the Act, the notification was not lawfully made, and since the demonstration of this case did not bring about a situation of traffic obstruction by the demonstration of this case, the defendant asserts that he is not guilty.

3. Attached Form 1 of the relevant Acts and subordinate statutes;

4. Determination

A. All citizens are guaranteed the freedom of assembly or demonstration as stipulated in Article 21(1) of the Constitution. However, in particular, an assembly or demonstration on the road may conflict with the general public’s traffic rights or the public’s public interest such as smooth traffic flow. In such a case, the right of assembly and demonstration is guaranteed to the maximum extent possible, and the general public is guaranteed.

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