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(영문) 서울중앙지방법원 2015.08.10 2015고정364
일반교통방해
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 19, 2014, the “National Democratic Trade Union Federation” is deemed to have a substantial disadvantage to the defendant’s exercise of his/her right of defense, even if it is recognized that the facts charged were partially revised by means of a copy of the report of outdoor assembly from June 28, 2014 (Evidence 21 pages) with approximately 10,00 members, citizens, etc. of affiliated organizations, citizens, etc. from June 28, 2014.

From 20:00 to 200, the second national conference and a promotional conference claiming the truth-finding related to the Sewol ferry, the appropriateness of privatization, etc. were held, and then an outdoor assembly (clinical demonstration) was reported to proceed along two-lanes in the direction of progress from the Cheong River square to the Cheong River square through the Human Rights Committee.

On June 28, 2014, around 17:10, an organization such as the Korean Democratic Trade Union Federation, the Korean Farmers' Association, the Korean Public Officials' Union, etc. participated in the second national conference, and the participants increased to approximately 4,000 participants, which began to take place around 17:40, and approximately 3,000 participants began to take place.

The defendant, as above, was about 3,00 and about 18:20 as well as about 3,00 persons who attended the meeting of the second national conference, occupied eight lanes in the end of each class, and displayed a frack card stating "C departure, D is responsible, E is responsible, E is responsible, etc.," and made it impossible to communicate all the directions of the past class for up to 20 minutes by using a fracker card.

Accordingly, the defendant conspiredd with approximately 3,00 participants in the assembly and interfered with the traffic of the land for 20 minutes.

Summary of Evidence

1. Partial statement of the defendant;

1. A copy of information status report;

1. Copy of the report for outdoor assembly;

1. Application of relevant Acts and subordinate statutes to documentary evidence photographs;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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