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(영문) 서울중앙지방법원 2016.10.26 2016고정2262
일반교통방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 16:00 on November 14, 2015, the Korea Democratic Trade Union Federation (B; hereinafter referred to as the “Korea Democratic Trade Union Federation”) established under the lead of the Korean Democratic Trade Union Federation (C) planned to hold the “Private-Public Public Public Public Public Public Public Public Public Public Election Competition” in the Gwangju Plux around 16:00.

Accordingly, the Seoul square, Seoul Station square, and the Maroman Park-gun were held in the park area in the city area, and the Maroman Park general, the National Association of Farmers (D), the National Association of Farmers (E), the national behavior (F), and the April 16 (F), etc. were decided by the broad language square.

Accordingly, after the completion of each sector's prior assembly, including the "National Workers' Competition," which is a prior assembly in the labor sector, the total of 66,00 participants engaged in the assembly, entered into the luminous square by moving into the luminous square with three types, three lines, and three lines under the name of running the "Public General Substitute Competition" in the luminous square.

On November 14, 2015, the Defendant, along with many participants in the assembly, occupied the white clock as “G” on November 16:59 through 17:21, and occupied the eight-way lane in front of the front and rear line in Jongno-gu Seoul, Jongno-gu, Seoul.

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. Photographs of the violator;

1. The current status of the total number of the public contests on November 14, 2015;

1. Report on internal investigation (related to confirming the information situation reported by the Seoul Metropolitan Government Office);

1. Recording records;

1. A report on an outdoor assembly;

1. A notice of prohibition of an outdoor assembly;

1. Data response to a request for the provision of communication confirmation data;

1. Application of documentary evidence-related Acts and subordinate statutes;

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

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. As to the Defendant’s assertion of Article 59(1) of the Criminal Act (i.e., the first offender, the motive that the Defendant was present at the instant assembly, the attitude of conduct, etc.), the Defendant’s participation in the instant assembly.

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