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(영문) 서울중앙지방법원 2016.08.09 2016고정1619
일반교통방해
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 14, 2015, the Defendant participated in the “National Labor Union Federation” organized by the Korean Democratic Workers’ Federation (E; hereinafter referred to as the “National Labor Union”) at the Seoul Square located in 15:40, Jung-gu, Seoul, Jung-gu, Seoul, Seoul.

The above assembly was a prior assembly of the “labor” sector among the public assemblies planned by the headquarters of the General Stopter (F) of the public sector, which was launched by the lead of the public sector.

A total of 6,00 persons who participated in each sector's prior assembly, including the above "Korean Workers' Competition", had entered the luminous Spande under the pretext that each prior assembly is to run "the 'the 'the 'the 'the 's total competition' at the 'the 'the 'the 'the 'the 'the '', the 'the 'the 'the 'the 's general competition'

In the above process, the Defendant occupied the lane prior to the Jongno-gu Seoul Metropolitan Government Loterter, along with the participants in a number of assemblies around 20:31 on the same day.

Accordingly, the defendant conspired with the participants in the assembly and interfered with the traffic on land.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Data of photographs;

1. Response of each aggregate fact-finding data;

1. Application of Acts and subordinate statutes to report on the status of the general competition among the public;

1. Relevant Article of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the crime. Article 185 of the same Act concerning the selection of punishment (Optional to Penalty);

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

1. In light of the details and method of occupying the roads of participants in assemblies, including the Defendant’s determination on the assertion of justifiable acts under Article 334(1) of the Criminal Procedure Act, the size and place of the assembly of this case, the situation of progress, and the degree of traffic obstruction and danger caused, etc., the notification of prohibition by the police cannot be deemed to be unlawful. The traffic obstruction caused by the Defendant with other participants in assemblies is naturally accompanied by the result of exercising the freedom of assembly and demonstration guaranteed by the Constitution.

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