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(영문) 광주지방법원 2018.06.28 2017노4469
일반교통방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding, misunderstanding of legal principles, (1) driving along a road in the course of a general traffic obstruction assembly does not fall under the elements for the formation of a general traffic obstruction, and the Defendant’s driving along a road with other participants in other assemblies is not recognized as having a causal relationship between the Defendant’s act and the traffic obstruction since the passage of the surrounding road was completed after the passage of the road was completed due to the installation of the vehicle wall by the police. The Defendant was guilty of this part of the facts charged even though he did not have a competitive relationship with the intent of traffic obstruction or with the unspecified majority. The lower court erred by misapprehending the legal principles and misapprehending the legal principles.

(2) The dispersion order of this case in violation of the Assembly and Demonstration Act does not constitute a lawful dispersion order, since it was not committed in a situation in which the benefit and interest of the other party or the public peace and order was obviously causing a direct danger to the public peace and order

Even if the Defendant did not properly hear this, the lower court convicted him of this part of the facts charged even though he did not have any intention to refuse the dispersion order. In so doing, the lower court erred by misapprehending the facts and misapprehending the legal doctrine.

B. The sentence of the lower court (an amount of KRW 2,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. (1) Determination on the assertion, such as misconception of the facts as to the obstruction of general traffic (1) with regard to the issue of this part of the facts charged, the Defendant, a PartyF in Gwangju City of the Party, occupies a two-lane prior to the road direction in front of the Jung-gu Seoul Metropolitan Government, from around November 14, 2015 to from around 22:32 the same day, along with other participants in other assemblies, in relation to the general public, consisting of the General Assembly of the Korean Democratic Trade Union (hereinafter “Civil Union”) consisting of 53 civil society groups consisting of a total of the 53 civil society groups.

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