logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.09.24 2012고단1076
집회및시위에관한법률위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From around 17:20 on August 20, 201 to 3,00 members, etc. of D and the executive members of D affiliated labor unions, such as speaking, relief, etc. of the executives of D affiliated labor unions, the Defendant participated in the 19:00 "Korean Workers' Congress", and, from around 19:00, the Seoul Jung-gu Tae-ro 2 occupied an exclusive road in front of Samsung central government, thereby preventing the Defendant from passing the said vehicle on the road, thereby hindering the traffic of the land along with the above 3,00 persons.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Some statements made by the police and prosecutor's protocol of examination of the accused;

1. Application of the Acts and subordinate statutes to assembly reporters' photographs, materials, reports on information status, investigation reports (Attachment of documentary evidence photographs), photographs of the date of the assembly, and photographs of the suspect after photographing the suspect;

1. Relevant provisions of criminal facts: Articles 185 and 30 of the Criminal Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. The provisional payment order: Judgment on the defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act

1. The assertion;

A. Article 185 of the Criminal Act provides that a person who damages or destroys a road, waterway, or bridge, or obstructs traffic by other means shall be punished by imprisonment with prison labor for not more than ten years, or by a fine not exceeding 15 million won. In interpreting the above provision, “damage and damage” is a physical damage. In light of the fact that “influence” is installed, loaded, left alone, or abused an obstacle, “other means” should be interpreted by restricting the use of the equivalent or equivalent means.

Therefore, it is unreasonable to interpret that human body itself is included in "other methods".

B. Article 157 Subparag. 4 and Article 68(3)2 of the Road Traffic Act (hereinafter referred to as the current legal standard) provide that “an act of lying, sitting or standing on a road in a manner that obstructs traffic on the road shall be subject to a minor punishment (a fine not exceeding 200,000 won, penal detention, or minor fine) rather than a crime of interference with general traffic under the Criminal Act.

arrow