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(영문) 의정부지방법원 2016.11.11 2016고단3198
일반교통방해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Despite the fact that anyone does not damage, obstruct, or interfere with traffic by other means, land, water, water, or bridge, the Defendant participated in the “private-public assembly” held by 58 organizations, such as the Jongno-gu Seoul Jongno-gu Office, Jongno-gu Office, Seoul, which was organized by 16:00 on November 14, 2015, along with the name and non-permanent demonstration team in which he/she participated in the above assembly, and carried out it along with the eight-way road from the end distance of each station in Jongno-gu Seoul, Jongno-gu to the Jongno-gu Office distance from the end of each road in Jongno-gu, Seoul to the end of the eight-way road, thereby hindering the traffic of the above land in collusion with the names and sub-persons, thereby hindering the traffic of the above land.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of the police interrogation protocol of the accused;

1. Each report on internal investigation:

1. Investigation report (Investigation of Suspect A), notification of prohibition of outdoor assembly, application of the Acts and subordinate statutes of notification of reading to illegal persons;

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. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The Defendant, who had no intention, was aware of the existence of a necessary report in relation to the instant assembly and road driving along, in the democratic labor union, which is a superior organization to the Seoul subway Labor Group, to which the Defendant belongs, and the Defendant was driving along the road according to the direction of the organizer. As such, there was no intention to commit the crime of interference with general traffic.

B. At the time of the non-existence of a causal relationship between the defendant and other participants, the surrounding roads had already been obstructed by the installation of a prior parking wall by the police. Thus, the defendant's act of driving along the road and passage along the surrounding roads.

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