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(영문) 의정부지방법원 2017.06.01 2017고정253
일반교통방해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Despite the fact that anyone does not damage, obstruct, or interfere with traffic by other means, the road, waterway, or bridge, the defendant participated in the "studio of the Korean Democratic Workers' Union" held by 58 organizations, such as the Korean Farmers' Federation, and the Korean Farmers' Federation, in front of the Gu office, on November 14, 2015, at around 16:00, at around the end of Jongno-gu Seoul Metropolitan Government, 58 vehicles in front of the Gu office in Jongno-gu, Seoul, and obstructed the traffic of the above land in collusion with the above persons in collusion with the above names by occupying the 8-line street from the end history of Jongno-gu Seoul Metropolitan Government to the end of the Gu office (west-gu) by moving along the 8-line street from the end history of Jongno-gu Seoul Metropolitan Government to the end of the Gu office.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Report on internal investigation (verification of evidentiary materials without filing a report on the reading in Seoul Cheong-gu and adding them), internal investigation report (verification of the route, etc.), internal investigation report (the recording of the dispersion order issued by the Seoul Cheong-gu Office, the confirmation of video images, and attachment);

1. Data on photographs, such as photographic data of an offender and the route of his/her motion picture;

1. The application of a record of dissolution, such as a record of dissolution, and a copy of notification prohibiting outdoor assemblies;

1. Article 185 of the Criminal Act, Articles 185 and 30 of the Criminal Act, and the choice of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion that it does not fall under the form of an act of interference with general traffic;

A. The defendant's act of taking part in the assembly of this case does not fall under the acts of causing damage to the general traffic obstruction, damage to the people, damage to the fire, or other methods corresponding thereto.

B. The phrase “other means”, one of the forms of the acts of interference with general traffic under Article 185 of the Criminal Act, refers to the act of causing intentional and direct interference with traffic or threatening traffic safety, corresponding to the act of causing damage and influence.

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