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(영문) 의정부지방법원 2016.08.10 2016고정985
일반교통방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 14, 2015, the Defendant participated in the “Resolution for the Resolutions of the Korean University Workers' Stopover for the Suppression of the Republic of Korea,” which was held on the road in front of the Jongno-gu Seoul, Jongno-gu, Seoul on November 17:21, 2015, and thereby interfered with the traffic of the above land by occupying the 12-lane road prior to the front of the front of the 12-lane road, along with the name infinite demonstration team and the university’s public interest dispute, by occupying the vehicle along with the front of the 12-lane road prior to the front of the 12-lane road.

Summary of Evidence

1. Partial statement of the defendant;

1. Data about photographs of illegal actors;

1. The defendant asserts that there is no intention as a common principal offender for the public offering of traffic obstruction in general. The defendant asserts that there is no intention as a common principal offender for the public offering of traffic obstruction in general.

However, in light of the intention of interference with general traffic, it is sufficient for the defendant to intentionally do so, and in light of the time and distance in which the defendant participated in the assembly of this case, the number of persons participating in the assembly of this case, and the situation of the scene where the police vehicle was ordered to break down at the time, at least the defendant is aware that the act of his participation in the assembly may cause interference with traffic, and it seems that the defendant cannot be forced to do so.

Therefore, the defendant and his defense counsel are not accepted.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the selection of punishment;

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the first offender is a student, and the degree of participation is the student).

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