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(영문) 서울중앙지방법원 2014.03.28 2014고단103
일반교통방해등
Text

Defendant

F shall be punished by imprisonment for 6 months, by a fine of 2,00,000 won.

Defendant

BG shall be subject to the said fine.

Reasons

Punishment of the crime

[2014 Highest 103] Defendant F, from around 20:53 on July 6, 2013 to 21:33 on the same day, occupied the lane prior to the road prior to the Seoul square, along with approximately 1,00 participants in other assemblies while participating in the National Assembly's rally to respond to the National Assembly in Seoul square located in Jung-gu, Seoul.

Accordingly, Defendant F interfered with the traffic of the land in collusion with other participants in the assembly.

[2014 Highest 132] On August 15, 2013, the Defendants were willing to occupy and hold a lane to urge the dissolution, etc. of the NIS in the vicinity of the shooting distance as Jongno-gu Seoul.

On August 15, 2013, the Defendants: (a) around 200 participants of other demonstration, and (b) around 13:25 on August 15, 2013, and (c) laid down the clicket stating the “brack Dok” in the so-called “brack Dok” and created a relief, such as the “brack Dok”.

Accordingly, the director of the security division ordered by the chief of the police station to voluntarily dissolve around 13:25 on the ground of the non-reported assembly and demonstration under Article 20(1) of the Assembly and Demonstration Act, 13:29 on the ground of road occupation, 13:29 on the first dispersion order, 13:32 on the second dispersion order, and 13:34 on the third dispersion order.

Nevertheless, the Defendants continued to occupy the roads among the three-distances, without complying with the above dispersion order, until they are arrested at around 14:35 on the same day, with approximately 200 participants of other demonstrations.

As a result, the Defendants conspired with about 200 participants in the demonstration and interfered with the traffic on the land and rejected the dispersion order.

Summary of Evidence

[2014 Highest 103]

1. The defendant F's partial statement

1. Statement made by Defendant F in the first trial record;

1. Information data on the current status, and photographic materials of an assembly inventor;

1. A report on internal investigation (Attachment of photographic photo) (2013, group 132);

1. Defendants’ respective legal statements

1. The Defendants’ partial statements in the first trial record;

1. BI, BJ,K, BL, BM, BN, BO, and BP.

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