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(영문) 서울중앙지방법원 2016.10.12 2016고정1724
일반교통방해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. From September 21, 2015 to October 18, 2015, the Federation of the Korean Democratic Workers’ Unions (hereinafter “the Federation”) reported to the Seoul Southern Police Station to the effect that: (a) around September 21, 2015, approximately 10 persons participate in the “labor-Mak-gu Resolution and National Campaign” in front of the building in front of the Monodong-gu Seoul Jungdong-gu, Seoul; and (b) around September 21, 2015, the Assembly reported to the effect that, around September 23, 2015, approximately 90 persons participate in approximately 90 persons in the front of the Sejong Park from September 15:0 to October 19:0, 200.

Nevertheless, between September 23, 2015 and 16:03 on September 23, 2015, the president held a meeting in front of the three tendency newspaper company in Jungdong-gu Seoul, Jungdong-gu, Seoul, and 5,500 persons who are more than 10 persons reported.

Accordingly, the participants in the assembly have occupied the two-lanes in front of the tendency newspaper and the two-lanes and the two-lanes in front of the Jung-gu, Seoul.

2. On September 23, 2015, the Defendant participated in the assembly set forth in the foregoing 1.1., and occupied an ex officio revision of criminal facts to the extent that the Defendant did not infringe the Defendant’s right of defense, based on the evidence of the entire two-lanes and regular distances from Jung-gu in Seoul, Jung-gu, Seoul, as well as about 5,500 participants in the assembly from around 15:03 to 16:23.

Accordingly, the defendant conspired with the above participants in the assembly and interfered with the traffic on the land.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the report for outdoor assembly;

1. The general outline of a democratic labor union and a general meeting for strike;

1. A photograph of the suspect's participation in the suspect meeting, and the assembly flow photograph on September 23, 2015;

1. On-site map;

1. Recording copy of the order to dissolve a democratic labor union or the general strike assembly;

1. Application of the Acts and subordinate statutes for investigation reports (disorder of dissolution by participants in the assembly);

1. Article 185 of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the crime, the choice of fines, and the selection of fines;

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.

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