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(영문) 인천지방법원 부천지원 2016.11.11 2016고단1960
일반교통방해
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who is taking part in the Korea Trade Union and is working.

The 58 organizations such as labor, farmers, poor people, young people, youth, citizens, religion, and academic circles have resolved to integrate each assembly on the basis of various major government issues, such as labor reform, history textbooks, and decline in the rice value, and hold a public-private partnership competition in Seoul on November 14, 2015.

From November 14, 2015 to 23:14 on November 14, 2015, the Defendant appeared on a road for about 4 hours and 30 minutes by attending the said public-private partnership competition, and occupying the road at around 18:44 to 23:14, with other participants at the road zone in front of the Seo-gu, Jung-gu, Seoul Metropolitan City.

Accordingly, the defendant interfered with the traffic of the land.

2. Determination

A. According to the evidence submitted by the prosecutor, the defendant recognized the fact that the defendant participated in the instant public-private partnership competition and also recognized the defendant.

However, in order to recognize interference with general traffic by the defendant, who is a simple participant in the public-private partnership competition of this case, the defendant must be found to have inspected the road, and the defendant asserts that there is no fact that he occupied the road.

B. The evidence photographs, in the instant case, that the Defendant occupied the road and conducted a demonstration, were not produced as evidence.

According to the “Defendant’s Pest North Korea data”, the fact that the Defendant’s photograph appears to have taken on his own Pest North Korea of the instant demonstration on the road where the Defendant occupied the instant demonstration.

However, according to the fact that the image of the defendant has not been taken, and according to the investigation report (report on the analysis of cell phone evidence), it was generated on November 14, 2015, which is the day of the instant demonstration on the cell phone used by the defendant.

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