(영문) 대구지방법원 2016.10.21 2016노3126 | 리걸엔진

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(영문) 대구지방법원 2016.10.21 2016노3126

일반교통방해

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts (the point of general traffic obstruction) had already been controlled by the police at the time of arrival of the Defendants at the instant place, and thus, it cannot be deemed that the Defendants’ act interfered with traffic by the act of the Defendants. Nevertheless, the lower court erred by misapprehending the fact that the lower court found the Defendants guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment. 2) The sentence (the Defendant A and B: each fine of KRW 3 million, and the Defendant C: the fine of KRW 5 million) that the lower court sentenced against the Defendants is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. Determination

A. The Defendants asserted that there was the same purport as the grounds for appeal in the judgment of the court below as to the Defendants’ assertion of mistake of facts. The court below held that the following circumstances, among the reasons for the judgment, such as the number of participants at the assembly of this case, the number of participants at the assembly of this case, the whole time spent until the time and termination of the road occupation of participants in the assembly including the Defendants, the time and developments leading up to the blocking of the road by the police forces, and the degree of traffic obstruction caused by the demonstration of this case and the progress before and after the assembly of this case, shall be deemed to have occurred immediately when each demonstration of this case starts to have a situation where the traffic congestion of each of the above roads was considerably difficult, and even if the participants in the assembly of this case, who attempted to stop from the scope reported at the time of the assembly of this case, installed a road adjacent to the assembly of this case, such as installation of a road adjacent to the assembly of this case, etc., which goes from the direction of the participants in the assembly of this case.

유사 판례

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