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(영문) 서울중앙지방법원 2016.11.29 2016고정2742
일반교통방해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On November 14, 2015, the Defendant participated in the “National Labor Union Federation for Workers” organized by the Korean Democratic Labor Union Federation (E; hereinafter “Public Labor Union”) at the Seoul Square located in the Jung-gu Seoul Central Government, Jung-gu, Seoul on November 14, 2015, as the secretary general of the branch office D branch of the Public Transport and Labor Union Headquarters D branch.

The above assembly was a prior assembly of the “labor” sector among the prior assemblies of the “Public-Private Partnership Games” planned by the headquarters of the Public-Private Partnership (F) established under the lead of the Public-Private Partnership.

The total of 66,00 persons who participated in the prior meetings of each sector, including the above 'National Workers' Games', were entering the luminous square with three lines after the completion of each prior meetings under the name of running the ‘Public General Substitute Competition' in the luminous Spans.

At around 16:52 of the same day, the Defendant occupied the front lane of Jongno-gu Seoul Metropolitan Government Seochoroman, along with many participants in assemblies in the above process.

Accordingly, the Defendant conspired with the participants in the assembly and interfered with the traffic on land.

Summary of Evidence

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Photographs of the violator;

1. A report on internal investigation (a summary of the information status of the “public-private partnership” on November 14, 190)

1. A report on internal investigation (Attachment to a report on internal investigation);

1. Requests for the provision of communication confirmation data;

1. Application of Acts and subordinate statutes governing output of the website of D branch offices, photo rearrangement;

1. Relevant Articles of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning criminal facts. Article 185 (Selection of Punishment of Fines)

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

1. Article 334(1) of the Criminal Procedure Act asserts that the act, such as the written judgment, constitutes a justifiable act that does not contravene social norms.

However, in full view of the details and method of the road occupation of participants, including the defendant, who can be seen by each evidence of the judgment, the scale and place of the assembly of this case, the situation of progress, the degree of the caused traffic obstruction and danger, etc.

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