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(영문) 서울중앙지방법원 2012. 5. 2. 선고 2012고정874 판결
[집회및시위에관한법률위반·일반교통방해][미간행]
Escopics

Defendant

Prosecutor

Lee Jong-won (Court of Appeals) and Kim Jong-soo (Court of Appeals)

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

Criminal facts

1. At around 22:00 on August 27, 201, the Defendant participated in the “fourth bus demonstration” with 2,500 university students and members belonging to the Democratic Labor Team, etc., and occupied the lane in the direction of the independence of Seodaemun-gu Seoul National Police Agency, and occupied the lane in the direction of the independence and independence.

On the ground that the demonstration was not reported, the head of the same police station and the head of the same police station delegated by the head of the Seoul Seodaemun-gu Police Station, around 23:49 on the same day, around 23:54 on the same day, and around 00:03 on the 28th of the same month, did not dissolve without delay even after the third dispersion order was issued.

2. On August 27, 201, the Defendant occupied the lane from around 22:00 on August 27, 201 to 00:30 on August 28, 201, and prevented the Defendant from driving the vehicle.

Accordingly, the defendant, together with 2,500 persons who participated in the demonstration, interfered with the traffic of the land for about 3 hours.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Investigation reports (informating a report on the current status of information);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 24 Subparag. 5, Article 20(2) and (1)2, Article 6(1) of the Assembly and Demonstration Act, Article 185 and Article 30 of the Criminal Act (Selection of Fine for Negligence)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judge Lee Bo-hoon

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