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(영문) 서울중앙지방법원 2016.10.04 2016고단5821
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

[Attachment] On December 10, 2015, the Defendant was sentenced to imprisonment with prison labor for six months for obstruction of performance of official duties at the Seoul Central District Court, and the judgment became final and conclusive on July 7, 2016.

【Criminal Facts】

On September 18, 2015, the National Democratic Labor Union Federation (hereinafter referred to as the “National Labor Union Federation”) reported to the Seoul Southern Police Station at the Seoul Southern Police Station to hold the “Labor Union Resolution Meeting and National Election Campaign” in which approximately 100 members, etc. participate in the transfer of a building in front of the tendency newspaper company located in Jung-gu Seoul Jung-gu, Seoul, from September 21, 2015 to October 18, 2015.

On September 23, 2015, the members of the private labor-management-management-management-general participated in approximately 5,500 assembly members who were reported from around 15:05 on September 23, 2015, the members of the private labor-management-management-management-management-based association moved in the dong intersection in Jung-gu Seoul Metropolitan Government and the whole road in front of the Sejong Jongno-gu Cultural Center, beyond the above trend newspaper.

The Defendant participated in the above assembly from 15:00 to 16:20 on the same day, and conducted demonstration with 5,500 participants in other assemblies, and occupied the regular intersection in Seoul Jung-gu and obstructed vehicle traffic.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A report on investigation;

1. A report on an outdoor assembly;

1. Tropical summary, documentary evidence photograph, assembly situation, features, assembly flow photograph, evidence photograph;

1. Previous records: Application of criminal records and investigation reports (Attachment to suspect-related cases) and statutes;

1. Articles 185 and 30 of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant has been punished several times for the same crime.

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