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(영문) 부산지방법원 동부지원 2017.08.24 2016고정879
일반교통방해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is C party members of Busan City Party and Busan City Party. The Defendant is a photographic author.

On November 14, 2015, at around 16:59, the Defendant: (a) occupied a road as Jongno-gu Seoul, Jongno-gu Postal Authority along with a person who was unable to participate in the “Public Vacancy Games” and was significantly difficult to flow a vehicle that passed through the road by occupying the road to the Jongno-gu Seoul Postal Authority and driving away to the private distance of the inside.

Accordingly, the defendant conspired with the participants in the demonstration and interfered with the traffic on the land through which the vehicles pass.

2. Determination:

A. The purpose of Article 185 of the Criminal Act is to punish any act that makes it impossible or considerably difficult to pass through by causing damage to land, etc., or interference with traffic by other means, as a crime under the protection of public traffic safety based on the standard for interpretation and application of the general traffic obstruction under Article 185 of the Criminal Act, which is a fundamental right under the Constitution - The purpose of this is to punish any act that prevents traffic by causing damage to land, etc., or obstructs traffic by other means (see, e.g., Supreme Court Decision 2014Do1926, Jul. 10, 2014). This is to ensure that traffic is either an abstract dangerous crime, and if it is impossible or considerably difficult to pass through, it is the immediate number of traffic, and the result of traffic obstruction is not practically difficult (see, e.g., Supreme Court Decisions 2014Do1134, Jul. 9, 2015; 206Do1626, Dec. 14, 2007).

In particular, in the criminal law.

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