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(영문) 서울중앙지방법원 2016.11.30 2016고정2255
일반교통방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 17:10 on June 28, 2014, the Defendant participated in the Cheongyang-ro, which is held by the Federation of the Korean Democratic Trade Union Federation, in the Cheongyang-ro, Jung-gu, Seoul, in the Cheongyeong-gu, Seoul, the Cheongyeong-gu, and 3,000 participants of the assembly, together with the 3,00 participants of the assembly at around 18:39 on the same day, and led up to the eight-lane road in front of the Maak-ro, Seoul, Jongno-gu, Seoul, in which the traffic of the vehicle was obstructed.

Accordingly, the defendant conspired with the above participants in the assembly and interfered with the traffic by land.

Summary of Evidence

1. Partial statement of the defendant;

1. A copy of the C Preparation Statement;

1. Application of Acts and subordinate statutes to a report on information status, report on outdoor assembly, report on outdoor assembly, evidentiary pictures of suspects, correspondence materials, and location of the sending base station;

1. Article 185 of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the crime, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant and his defense counsel’s assertion on the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act alleged to the effect that the Defendant’s act constitutes a justifiable act that does not go against the social norms. However, considering the degree of traffic obstruction, the cause and purpose of traffic obstruction occurrence, and the progress of the process, etc. admitted by each evidence of the judgment, it is within the scope recognized as having to be accepted by the freedom of assembly and demonstration, since it constitutes a case of a certain traffic obstruction which inevitably entail

shall not be deemed to be an act that does not go against social norms.

Therefore, the above argument is without merit.

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