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(영문) 서울고등법원 2018.08.24 2015노547
일반교통방해등
Text

The judgment of the court below is reversed.

One year of imprisonment with prison labor for the crimes of Articles 1 through 30 and 32 through 37 in the judgment of the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The fact that there was a violation of the Assembly and Demonstration Act (hereinafter “Act”) due to the hosting of L/L assemblies and demonstrations (the crime No. 1 to 27 of the judgment below) (the part of the crime No. 1 to 27 of the judgment below) Defendant participated in an assembly or demonstration held by M (hereinafter “M”), but there was no fact that the Defendant participated in such assembly or demonstration in collusion with M.

B) Violation of the Assembly and Demonstration Act due to the participation in an assembly and demonstration held by EH (the facts constituting the crime in the judgment below) was committed by the Defendant on May 2, 2009, and did not participate in a violent assembly and demonstration organized by EH, with the first day with the first day of May 2, 2009.

C) The Defendant interfered with the performance of official duties (the crime No. 30 of the facts stated in the judgment below) and the Defendant’s assaulted a public official in lawful performance of official duties on June 23, 2009 on the ground that the police and citizens who illegally fluened themselves at the time of June 23, 2009 were only fluoring the victim EZ.

shall not be appointed by a person.

D) The Defendant, at the time of FT assembly, cross-road traffic with many people at the time, cannot be deemed to constitute “in a case where traffic is obstructed by any other means,” which constitutes an element for general traffic obstruction, which constitutes an element for general traffic obstruction, without using any means such as destroying or installing obstacles.

E) Violation of the Public Official Election Act and violation of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) (Defamation No. 31 and 37 of the facts constituting an offense as indicated in the lower judgment) merely expressed a reporter’s opinion on the part related to the victim F among the articles cited by the Defendant on March 28, 2012, which were cited by the GP as of March 28, 2012. Thus, the Defendant

Even if not,

Even if the defendant is involved, this part of the defendant.

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