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(영문) 서울중앙지방법원 2016.08.09 2015고정2682
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

1. On May 14, 2014, the “Candlelight Assembly (D) meeting for the response of the Sewol ferry” held, from around 10,000 members of the aforementioned participating organization to around 23:59, “from around 19:00 on May 17, 2014, the meeting held “the Korean candlelight assembly for the recovery of the disaster-free return of the missing in the Sewol ferry and the recovery of the victim’s mother democracy” at the meeting of the Cheong River (hereinafter referred to as the “Cheong River”) and filed a report on the outdoor assembly to the effect that 2 as the model of the Cheong River S and the Cheong River S and the 3-ro Ga Ga 1,000 members of the said participating organization and citizens are driving three lanes along the direction of about 3.1km in Seoul S and 1km up to the square (hereinafter referred to as “Seoul”).

On May 17, 2014, the Presidential Assembly for the Response of the Sewol ferry began with a memorial meeting around 18:05 on May 17, 2014 and began with several participants in the assemblies at around 20:20 on the same day.

2. The Defendant, participating in the above assembly and 3 as a end-side 1:13 on the same day, went away from the way it was first reported at around 21:13 on the same day, and 3 as a end-side 3 moved to the non-won Round-dong Ro-dong Ro-dong Ro-dong Round. From around 21:27 to 21:50, the Defendant: (a) occupied the lanes front of the modern building in front of the Hyundai Building in Jongno-gu, Jongno-gu, Jongno-gu, Seoul, with approximately 1,00 persons who participated in the demonstration; and (b) proposed a relief, such as “K Hara”.

Accordingly, the defendant conspired with approximately 1,00 participants in the assembly and interfered with the traffic of the land.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each report on an assembly;

1. Investigation report- The course of proceeding;

1. Application of the Acts and subordinate statutes on photographic data;

1. Relevant Article of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the crime. Article 185 of the same Act concerning the selection of punishment (Optional to Penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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