logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.10.13 2017노15
일반교통방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principle) Since the Defendant was temporarily set away on the road after the road was cut off by the police, the Defendant does not constitute a requirement for the formation of a general traffic obstruction, or does not have a relation between the Defendant’s act and the result of traffic obstruction.

2) The Defendant, as a simple participant of an assembly, did not know whether the route of the demonstration team deviates from the scope of the assembly report, and therefore did not intend to interfere with general traffic.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. The first report on the misapprehension of the legal principle was remarkably deviates from the scope of the original report, or participated in an assembly or demonstration which makes it impossible or considerably difficult to pass by interfering with road traffic by seriously violating the conditions under Article 12 of the Assembly and Demonstration Act.

No such participant shall be deemed to have interfered with general traffic naturally with all participants.

However, the following facts are revealed in full view of the evidence duly adopted by the participants, in cases where the participants are able to ask the participants to commit a crime as a joint principal offender in light of the details of the participants’ participation or the degree of participation, etc., in fact, by participating in a significant deviation from the reported scope or a significant violation of the conditions as seen above, and thereby causing traffic interference (see Supreme Court Decisions 2004Do5280, Nov. 25, 2004; 2012Do14137, Mar. 13, 2014, etc.).

1) Since 16:15, part of the participants in the assembly of this case went out of the way reported to do so on the day of the assembly of this case, they entered the way to go out of the way through a female park 1 door, and went out to go through the Mapo Bridge.

The police is running in the direction of a pedestrian crossing with a door of demonstration and a crosswalk. The police is front of a female park.

arrow