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(영문) 대법원 2015.11.26 2014도14703
일반교통방해
Text

The judgment below

The non-guilty part is reversed, and that part of the case is remanded to the Panel Division of the Seoul Western District Court.

Reasons

The grounds of appeal are examined.

1. Of the facts charged in the instant case, the summary of each general traffic obstruction on June 16, 2012 and October 30, 2012 is as follows.

On June 16, 2012, the Defendant, from June 14:29 to 17:05 on June 16, 2012, 2012, attended with approximately 1,00 demonstration participants at an assembly and demonstration where the two-use dismissals are reinstated, the layoffs are not non-regular, and the defendant moved around the roads around the Yeongdeungpo-gu Seoul Metropolitan Government LG Commission building.

As a result, it interfered with the traffic of the land by making it impossible to pass the general vehicle.

나. 2012. 10. 30. 일반교통방해의 점 2012. 10. 30.경 서울 종로구 광화문 광장에서 전국장애인차별철폐연대가 주최하는 ‘故 C 활동가 路祭’ 명목으로 위 단체 소속 회원 등 200여명이 참석한 가운데 미신고 집회가 진행되었고, 집회 참가자들은 같은 날 11:50경부터 15:45경까지 광화문 광장에서부터 안국로터리까지 차로를 점거한 채 행진하였다.

On October 30, 2010, the Defendant, while participating in the above assembly on October 12:56, 2010, in collusion with the participants in the above assembly, occupied the lanes prior to the Seoul Jongno-gu Seoul Metropolitan Government "Turururg" direction, thereby interfering with general traffic that obstructs the flow of vehicles above the road.

2. On the grounds indicated in its reasoning, the lower court acquitted all of the charges of general traffic obstruction on June 16, 2012 and October 30, 2012 among the charges in the instant case, but the lower court’s aforementioned determination is difficult to accept for the following reasons.

The general traffic obstruction under Article 185 of the Criminal Act is an offense of which the legal interest is the general public's traffic safety, and which damages or makes it impossible or considerably difficult to pass through by means of land, etc. or other means.

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