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(영문) 서울중앙지방법원 2017.09.12 2016고정4448
일반교통방해
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged: the Korean Democratic Trade Union Federation (hereinafter “Private Union Federation”);

(C) On November 14, 2015, from around 13:00 to around 16:30 on November 14, 2015, the organization of 53 organizations with Eul’s main axis “D”) demanded 11 items, such as “suspension of labor opening,” and tried to divide approximately 47,000 persons into Seoul Square in Seoul, and approximately 3,000 persons in front of Seoul, and approximately 68,000 persons, including approximately 6,00 persons in front of Seoul, Jongno-gu University for Broadcasting and Communications, and then hold a sectional assembly. From around 16:45 on the same day, around 68,00 persons who participated in the assembly above 16:45,00, the participants of the assembly were divided into three lanes, namely, the distance of the entry into the road, the distance of the entrance into the road, the distance of the road south, and the passage into the west, and each road was divided into three lanes.

From 16:45 on the same day, approximately 47,00 participants of the above assembly were moving to a luminous square from around 16:45 on the same day to the front of the police wall in front of the building (Korea, hotel, and Japanese fleet) that was boomed by the police station in front of the above conference, the participants continued to occupy the police bus in the middle-gu, Jung-gu and Jongno-gu, Seoul. Around the same day, approximately 21,000 other participants occupied the lane, and occupied the middle-gu and Jongno-gu, the police station and the main road around the same day.

From 14:00 to 16:00 of the same day, the Defendant participated in a prior assembly held in the vicinity of the beneficiary space in Jongno-gu Seoul, and took part in the assembly from 16:00 to 18:06 of the same day, with approximately 6,00 participants of the assembly from 16:0 to 18:06 of the same day, and she occupied the front lane from the vicinity of the beneficiary station to 5:0 to the end of 1:0.

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

2. Determination

A. In light of the provisions and legislative intent of the Assembly and Demonstration Act, the assembly or demonstration was conducted within the scope of the report, or was reported.

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