2015Do17531 General traffic obstruction

A

Defendant

Law Firm B

Attorney C, K

Seoul Central District Court Decision 2015No2852 Decided October 22, 2015

March 22, 2017

The judgment below is reversed, and the case is remanded to the Seoul Central District Court.

The grounds of appeal are examined.

1. As to May 15, 2013 general traffic obstruction (excluding the part not guilty in the grounds)

A. Of the facts charged in the instant case, the point of interfering with general traffic as of May 15, 2013, which was found guilty by the lower court.

The summary is that the Defendant holds in a citizen's forest in Seocho-gu Seoul Metropolitan Government 99 on May 15, 2013.

'Indirect Employment Elimination 1.0 p.m. 2.0 p.m. 1.00 p.m. 1.

The participation of approximately 2,50 participants in the meeting with approximately 17:22 to 18:47, Seocho-gu Seoul Hunol

12 After blocking the four-lane road in front of the death of the Hyundai Motor Company, Inc., with the stage vehicle:

Vehicles by participating in an assembly or demonstration in a state of west or in a state of chain to hold an assembly or demonstration for relief;

The traffic has been obstructed.

B. The lower court: (a) reported by metal labor unions to hold an assembly on two lanes; and (b) the Defendant and the Defendant participate in the assembly.

People hold meetings in the preceding three lanes of the Hyundai Motor Vehicle Head Office, and the remaining one lane is the police vehicle.

Four lanes in the direction of Sung-nam in front of the headquarters of Hyundai Motor Vehicle have been installed with walls, making it impossible to pass all the lanes.

It is deemed that there has been an agreement between the police and the metal labor union to install a tea wall on one lane.

In light of the circumstances stated in its reasoning, such as the fact that it appears, police officers are on one lane among the four lanes.

If an assembly is held in three lanes with agreement to install a side wall, at the end, four lanes;

Since it is impossible to pass by side, an assembly is to be held in three lanes, as alleged by the defendant.

It is difficult to see that there has been an agreement, and in the case of an assembly in two lanes, on three lanes in which they agreed to hold a meeting.

If there is no lane that can pass through by the assembly, the reported range shall be considerably deviated from the reported range.

The judgment of the court of first instance, which recognized as impeding traffic, was justifiable.

C. However, the above determination by the lower court is difficult to accept for the following reasons.

(1) When an assembly or demonstration is held on the road after completing a lawful report, the traffic on the road may take place.

Since the assembly or demonstration has to be limited to degree, the assembly or demonstration has been conducted within the reported range; or

Where the reported scope is not significantly deviating from the reported scope even if the reported details are somewhat different from the reported details;

, even if the traffic of a road was obstructed by that, barring special circumstances, a punishment shall be imposed, unless there is a special reason.

No general traffic obstruction under Article 185 of the Act shall be deemed established (Supreme Court Decision 2008No. 13, Nov. 13, 2008)

206Do755 decided Feb. 1, 200

(2) According to the evidence duly admitted by the lower court, the following facts are revealed.

(A) Metal Nos. 15, 15:00 to 18:00 on May 15, 2013, modern automatic machines in the forest of the citizen of Yang Jae-dong.

A number of about 3,000 persons to the bus stops in front of the head office shall be two lanes;

An assembly report was made to the effect that the assembly is being promoted.

(B) The participants in the assembly are engaged in two lanes in the forest of both members of the group as reported by the assembly.

From 16:28 to 16:28, police forces in front of the headquarters of the modern motor vehicle.

The Defendant, as the other participants, has ceased to stop by raising the issue of metal labor unions.

The judgment of the court became final and conclusive (the acquittal part of the reasons for the judgment of the court).

(C) Subsequent to 17:01, the participants in the assembly who resumeed the progress again from around 17:01 are front of the headquarters of the modern automobile.

A reorganization meeting has been held from 17:20 to 3 lanes, and the reorganization meeting has been held.

18:20 The fact that the police has ordered dissolution during the reorganization assembly after the declaration of dissolution was terminated;

The participants in the assembly did not deviate from the police's polysane.

(D) The difference between the four lanes above the center of Hyundai Motor Vehicle head office at that time is the fall of the underground lane.

In order to prevent danger, police barriers were installed, and stage trucks were installed at two lanes.

Since a lane is set up in a rectangular angle, the remaining roads other than the police walls shall be completely obstructed.

was found to have existed.

(E) there is an underground lane adjacent to four lanes above the Hyundai Motor Vehicle Head Office;

The police shall have four above-ground roads before the participants arrive on the road in front of the headquarters of the modern motor vehicle.

The direction was made to prevent the passage of vehicles entering the lane and to circumvent it to underground lanes, etc.

(3) Based on the aforementioned legal principles and the evidence duly admitted by Daa on the aforementioned factual basis

The following circumstances, i.e., (1) up to two police lines from the forest of the two citizens;

It is confirmed that polyslass have been formed to proceed only on the lane, but the head office of the modern automobile

In the front, there is no polysane to secure the traffic of one vehicle, and there is no one in the first place.

The demonstration cost shall be freely accessible to the remainder of all lanes other than the installed garages.

(2) Before the arrival of the demonstration, it shall be located above the front of the president of the modern automobile headquarters.

The entry of a vehicle has already been obstructed, and even when a reorganization meeting is in progress, one lane on the ground is parked.

There is no evidence to confirm that there was a measure of the police or a City/Do for securing a large traffic; 3

The police requested dissolution of a demonstration group on the ground that the reporting time has exceeded 18:00 days.

The situation in which the demonstration cost prior to 18:00 occupies three lanes of the road is considered as a problem.

(4) At the time of the above assembly, the defendant

as N of metal labor unions, to ensure that it communicates mainly with the police and is a sole and legitimate demonstration;

(5) The above assembly participated in approximately 2,50 persons, and has been put into action.

The size of up to 4,200 persons, etc. shall be considerable time to organize meetings and dissolution;

(6) After the organization assembly of the main body of the demonstration, it is deemed that the organization of the main body of the demonstration would have been

It is true that the volume of workers employed by 350 persons who occupy the road at the site of the above assembly and continue the demonstration;

B. This was mainly on the side of the chroude, a chromatic fluor, a fluor, the opposite side of the stage vehicle;

Appellant was located in the vicinity of the stage vehicle, 7 Defendant also up to 18:47

Although the defendant had been in existence, he may directly participate in the meeting of in-house employees.

B. There is no evidence to deem that it was promoted or implied, and 8 The Defendant’s relocation of stage vehicles

Having the authority to make decisions on rules and movements or in a position to participate in the decision making;

In light of the circumstances such as the absence of proof as to the fact that it had been done, the defendant was derived from the defendant.

The participants in the Assembly occupy three lanes in front of the headquarters of the Hyundai Motor Vehicle or the stage vehicle;

merely because the defendant was obstructed, the scope of the report made by the assembly in which the defendant participated is significant.

It is difficult to readily conclude that this part of the facts charged was conducted in deviation from, and otherwise, evidence to prove this part of this

(2) the Corporation.

(4) Nevertheless, the lower court, solely based on its stated reasoning, makes it impossible for the Defendant to pass the vehicle.

of this part as it is deemed that traffic has been obstructed to the extent that it is remarkably or significantly difficult to do so.

The court found the defendant guilty of the facts of lawsuit, which is erroneous in the misapprehension of legal principles as to general traffic obstruction.

The defendant's ground of appeal pointing this out is with merit.

2. As to the remaining convictions

Comprehensively taking account of the adopted evidence, the lower court as of August 31, 2012, and November 24, 2012, against the Defendant;

The judgment of conviction on all of the charges of interference with general traffic as of January 30, 2013 and May 1, 2013

The first instance court deemed it justifiable.

The Defendant appealed to the entire guilty portion of the lower judgment, but on August 31, 2012 and August 2012

11. With respect to the general traffic obstruction of the 24. 24. 24. 24. The grounds of appeal are not indicated in the petition of appeal

There is no description of the grounds for objection.

In addition, the relevant legal principles with respect to general traffic obstruction as of January 30, 2013 and May 1, 2013

Examining in light of the facts and evidence, the lower court’s aforementioned determination is necessary as alleged in the grounds of appeal.

Any mistake of facts, or interference with general traffic, causation, or accomplice without making a full deliberation;

In so determining, the lower court did not err by misapprehending the legal doctrine.

3. Scope of reversal

As seen earlier, the lower judgment’s interference with general traffic on May 15, 2013 (the part not guilty in the grounds for appeal)

(other) It shall be reversed, and the court below's decision shall be reversed and the remaining guilty part of Article 37 of the Criminal Act.

the first instance court that maintained the judgment of the court below on the ground that there was a concurrent crime relationship.

Since the part of acquittal on the grounds of judgment is in a relationship with this part, the judgment of the court below is eventually dismissed.

shall be effective.

4. Conclusion

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion.

It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jae-young

Justices Park Young-young

The Chief Justice Kim Jong-il

Justices Kim Jae-in