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(영문) 수원지방법원 안양지원 2017.01.17 2016고정467
일반교통방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant participated in an assembly of the Korean AD branch of the Motor Vehicle Trade Union as a worker belonging to the D branch of the Korean Motor Vehicle Union, and a public-private representative rally held in the E-Seoul Sejong.

From E 15:30 to 16:10, the Defendant occupied the 135 parking line prior to a hotel in Korea or in front of another hotel with the other participants in the assembly, and thereby, the Defendant interfered with the traffic of the road along with other participants in the assembly.

Summary of Evidence

1. Partial statement of the defendant;

1. Reports on the reading of illegal or violent performers;

1. Application of Acts and subordinate statutes to report internal investigation (the country where the statement of the suspected criminal suspect and the call details are transmitted);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel asserted that the defendant's act is a justifiable act that does not violate social rules, and thus the illegality is excluded.

However, in light of the details, means, and methods of the instant crime, and the degree of traffic obstruction revealed by the evidence duly adopted and examined by the court, the Defendant’s act cannot be deemed as a justifiable act that is reasonable in terms of the means and method, or does not violate social rules by maintaining the balance between the legal interests protected and the legal interests infringed, and thus, the above assertion by the Defendant and the defense counsel cannot be accepted.

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