(영문) 서울중앙지방법원 2015.01.15 2014노4103

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(영문) 서울중앙지방법원 2015.01.15 2014노4103

일반교통방해등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) It cannot be deemed that the Defendant’s road construction at the time of misunderstanding of facts or misunderstanding of legal principles makes it impossible or considerably difficult to communicate vehicles.

(2) The sentencing of the lower court on the grounds that the sentencing of an unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

B. The lower court’s sentencing is too unfortunate and unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below regarding the defendant's assertion of mistake of facts or misapprehension of legal principles, the defendant, at around 19:30 on August 15, 2008, arrived at the street in front of the Bank of Korea located in Jung-gu Seoul, Jung-gu, Seoul at around 20:40 on the same day, occupied the whole lane with many participants of the demonstration, who were arrested in the act of committing a crime at around 20:40 on the same day, and proposed relief in the front line in the situation of confrontation with the police, and the police failed to comply with the order of dispersion, and thus the participants of the demonstration, including the defendant, were arrested at around 20:40 on the same day.

Therefore, it is reasonable to view that the act of the participants of demonstration, including the defendant, was in a situation that road traffic is impossible or considerably difficult, and that the defendant was fully aware of such situation. Therefore, the defendant's assertion of mistake or misapprehension of legal principles

B. The Defendant did not have any history of punishment except for a fine sentenced once on 1998, and the Defendant does not seem to have actively led or planned the instant crime on the record.

On the other hand, the crime of this case led to the impossibility of traffic flow for about one hour, or a significant difficulty in traffic flow, and the general public experienced a large inconvenience.

In addition to the above circumstances, the defendant's age, character and conduct, environment, motive, background, means and method of the crime, and crimes.

유사 판례

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