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(영문) 서울서부지방법원 2016.08.26 2012고정1044
일반교통방해
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. A. On August 20, 201, at the Seoul Square, a session of the “National Assembly of Workers’ Republic of Korea” was held during the attendance of 4,500 workers, including the Democratic Labor Team members, around August 20, 201. The participants of the assembly resolved to proceed with the process of gathering the remarks of the chairperson of each branch office and the head of each branch office of the Democratic Labor Team, in order, by holding out relief, such as “the withdrawal of the temporary retirement of the Korea Labor Team, including public officials, and teachers, to guarantee all workers’ political fundamental rights.” The participants resolved to proceed with the process of gathering the remarks of the chairperson of each branch office and the head of each branch office of the Democratic Labor Team.

In collusion with the participants in the above assembly from around 18:5 to 23:40 on August 20, 201, the Defendant: (a) was participating in the above assembly; (b) occupied the passage of the land along which ordinary vehicles pass by, in collusion with the participants in the above assembly from around 18:5 to around 23:40 on August 20, 201; (c) occupied the Southern-ro in front of the name of the department store, in front of the name of the Bank of Korea, and the Seoul Square in order; and (d) occupied the road along the direction of the road.

B. On August 27, 2011, an assembly was held to withdraw the retirement dismissal of the Hanjin Heavy Industries, which was supervised by the Hanjin Heavy Industries Labor Group, etc., and 3,500 members of the labor union and members of each social organization. The participants of the assembly resolved to occupy the roads of the Hanjin Heavy Industries, as the meeting ends.

From August 27, 201 to August 201, 200:40 on August 27, 2011, the Defendant conspired with the participants in the above assembly in collusion with the participants in the above assembly. From August 27, 2011 to August 28, 2011, the Defendant opened at the Cheong River square and opened at the Cheong River, lot, department store, Han River, Seoul Station, Seodaemun-ro, and independent park in order to proceed with three or four lanes in the direction of proceeding the road, and obstructed the traffic of the land along which ordinary vehicles pass.

2. Determination

A. In light of Article 6(1) of the Assembly and Demonstration Act (hereinafter “the Act”) and the legislative intent, Article 6(1) and (2) of the Act.

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