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(영문) 서울남부지방법원 2012.11.09 2012노1085
일반교통방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors or misapprehension of legal principles) the police already obstructed the passage of the vehicle at the place where the demonstration occurred, and thus, the traffic did not interfere with the Defendant’s act.

The act of the defendant was justified as an emergency evacuation, since the police did not have to suppress the sweet and get off to the roadway.

Since the defendant had been coverage of the demonstration site as the reporter, the illegality of the defendant's act is excluded because it constitutes a legitimate act.

2. Determination

A. The crime of interference with general traffic under Article 185 of the Criminal Act is an abstract dangerous crime, and the traffic is impossible or substantially difficult if it occurs, the traffic is immediately flooded, and the result of traffic obstruction does not have to occur practically.

(See Supreme Court Decision 2007Do468 Decided December 11, 2008, etc.). According to the evidence duly adopted and examined by the court below, the defendant participated in the assembly "Korea-U.S. FTA opposite" assembly between 16:20 on November 24, 201 and 17:00 on about 40 minutes in Seoul, Jongno-gu, Seoul, with about 3,00 participants at the assembly "Korea-U.S. FTA opposite" assembly at the Seoul square, and went through the assembly, with about 3,00 persons participating in the assembly, and the defendant continued to participate in the assembly "Korea-U.S. FTA opposite to the Seoul square" assembly from around 20:30 to about 21:50 minutes, and the fact that the court below acknowledged the fact that the defendant continued to go through the assembly including the first one,70 persons participating in the assembly and the first half of the assembly and the second half of the demonstration.

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