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(영문) 대법원 2018.02.08 2017도11761
일반교통방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. An assembly or demonstration, the report of which has been completed in a lawful manner pursuant to the Assembly and Demonstration Act (hereinafter referred to as the “Act”);

Even if the scope of the initial report is considerably deviating from the scope of the report, or the conditions under Article 12 of the Assembly and Demonstration Act are seriously violated, making the passage impossible or considerably difficult due to interference with road traffic, the general traffic obstruction under Article 185 of the Criminal Act is established (see, e.g., Supreme Court Decision 2006Do755, Nov. 13, 2008). However, even in such a case, if the public prosecutor did not engage in any direct act causing interference with traffic by taking part in significant deviation from the reported scope or grave violation of the conditions, and if the criminal liability as a joint principal offender is not possible in light of the process of participation or degree of involvement, etc., it does not constitute a crime of interference with general traffic (see, e.g., Supreme Court Decision 2016Do4921, Nov. 10, 2016). 2.

In light of the foregoing, the judgment of the first instance, which found the Defendant guilty, was reversed and acquitted.

A. The process of installing a garage on the date of the instant assembly is as follows.

1) From around 14:25 to around 14:25, approximately 1,500 persons, such as metal streetlights, among democratic Nowon-gu Labor Group, occupied all lanes in the direction of luminous in front of the Seoul plaza.

Accordingly, the police has moved to the Korean Press Center in order to maintain order set up in the third class of the building in Seoul Pacific Center around 14:39.

2) On the same day, approximately KRW 4,500, approximately KRW 14:50,00 for the construction of plants around 14:50, were placed in the metal labor-management demonstration zone in front of the Seoul Square and all lanes were set up in front of the Seoul Square.

Around 14:55, approximately 6,000 demonstration teams started to go on the luminous area, and occupied the line to maintain order in front of the Korean Press Center and the roads in front of the Seoul Pacific Center.

(iii)..

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