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(영문) 서울서부지방법원 2017.01.12 2016노1300
일반교통방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The evidence presented by the prosecutor by misunderstanding the facts or misunderstanding of the legal principles that the defendant participated in the demonstration with the participants in the assembly that had engaged in a direct act causing traffic obstruction by participating in other participants in the assembly or occupied a roadway, or engaged in a functional control over the traffic obstruction to the extent that the joint principal offender is constituted.

It shall not be readily concluded.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principles.

B. The sentence of the lower court’s wrongful assertion of sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the following legal principles and records as to the assertion of mistake of facts or misapprehension of legal principles, and the following circumstances revealed in the records and arguments, the Defendant may recognize the fact that the Defendant was on the said lane with the participants in the assembly occupying the lane from 19:05 to 20:00 on the day of the instant case, and this constitutes a direct act that significantly deviates from the scope of report and causes traffic obstruction.

In addition, in light of the developments and contents of one assembly, the developments leading up to the defendant's participation in the assembly, and the status of the social organization to which the defendant belongs, the defendant seems to have recognized the fact that the defendant interfered with road traffic by occupying the lanes in a way that remarkably deviates from the reported range and moves ahead of the general meeting, in order with other participants in the assembly in question. Therefore, the defendant's misconception of facts and misapprehension of legal principles are rejected

In light of the provisions and legislative intent of the Assembly and Demonstration Act, in a case where an assembly or demonstration was conducted within the reported scope or was conducted differently from the reported contents, if the reported scope is not remarkably deviating from the reported scope, the traffic was obstructed thereby.

Even if so, special.

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