(영문) 광주지방법원 2017.11.14 2016노5071 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 광주지방법원 2017.11.14 2016노5071

일반교통방해등

Text

The appeal by the defendant and the prosecutor shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (Defendant) is less likely to participate in the assembly, but it cannot be deemed as damage, fire, or other means of interference with general traffic, and since the passage of the road is already completed due to the installation of the train wall by the police before the passage, there is no relation with the person. The so-called simple participant has not conspired to commit the crime of interference with general traffic.

B. The Defendant asserts that the sentence of the lower court is too unreasonable and unfair on the other hand, while the prosecutor asserts that it is too unfasible and unfair.

2. Determination

A. According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.

① On November 12, 2015, the president of the Korean Democratic Trade Union (hereinafter referred to as “the president of the Korean Democratic Trade Union”) submitted an outdoor assembly report to the effect that 30,000 people participate in approximately 16:0 through 20:00 of the same month on November 14, 2015, and that they will proceed to India to the route of the Seoul Square, luminous (UP), government office buildings, Gyeong-ro, Sejong-ro Station, and Cheong-dong community service center, and was notified by the Commissioner General of the Seoul Regional Police Agency of the prohibition of assembly.

② On November 14, 2015, at around 14:25, the daily assembly opened and prepared this assembly and opened up to 37,300 participants in the assembly (at least 65,00 participants in the assembly thereafter; hereinafter referred to as 1,500 participants in the assembly), and the police requested a closure declaration at around 15:08 at around 15:08 and completed the installation of the first step wall at around 15:10, the first step of the attachment of the court below, and ordered a dispersion order at least 16 times in total from around 23:10 to around 23:10.

(3) The defendant, as the chairperson of the E-party City party, is the chairperson of the E-P party, who is given the direction from the central authority to request 300 party members to attend the meeting on November 14, 2015 and delivers a letter message to 300 party members to attend the meeting, thereby allowing approximately 300 party members to attend the meeting

유사 판례

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-수원지방법원 2018.10.10 2018노2561

-춘천지방법원 2017.08.16 2016노1167