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(영문) 인천지방법원 2018.04.05 2016노4077
일반교통방해등
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. As to the Defendant (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles) and interference with general traffic, the Defendant was merely a simple participant in the instant assembly, and did not engage in any act that directly interferes with traffic, and there was no intention to interfere with traffic, and there is no collusion with other participants.

In addition, since police barriers have already been installed on one road, there is no relation between the defendant's participation in the assembly and traffic interference.

With respect to the failure to comply with the dispersion order, the dispersion order in this case is unlawful in substantive and procedural, and the defendant did not have any intention to refuse the dispersion order.

B. The defendant's act is excluded from illegality as an act that does not violate social rules.

Nevertheless, the lower court erred by misapprehending the facts charged or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court (eight months of imprisonment, one year of suspended sentence) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. On September 22, 2015, the president of the Korean Democratic Trade Union (hereinafter referred to as “the president of the Korean Democratic Trade Union”) declared on November 14, 2015 that the president of the Korean Democratic Trade Union (hereinafter referred to as “the president of the Korean Democratic Trade Union”) established “the headquarters for the general strike of the public,” comprised of 53 organizations, and that the president of the Korean Democratic Trade Union (hereinafter referred to as “the president of the Korean Civil Union”) decided to hold the general competition among the public with the aim

As a result, “the headquarters for the strike against the general public” was held in each sector on November 14, 2015, such as the Seoul Square, farmers (the third class), citizens (the third class), young people (a university), and the vacant people (a university). On November 14, 2015, the assembly was held in advance at the relevant place. On the other hand, around November 16:00 of the Seoul Jongno-gu Seoul Metropolitan Government Square together with the “D”, which is the assembly, according to the third class.

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