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(영문) 서울중앙지방법원 2017.04.19 2017고정85
일반교통방해등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On March 31, 2017, the Defendant was sentenced to imprisonment with prison labor for an injury, etc. at the Seoul Central District Court and such judgment is the same year.

4.7. Finality was established.

1. The Defendant: (a) the 416 Joints (B) took part in the assembly participants’ conference held in the Seoul plaza held from around 15:50 on April 18, 2015 to from around 16:30 on April 18, 2015, moving from around the 18:40 on the same day to around 22:35 on the same day while moving the vehicle in front of the luminous short door in the position of Jongno-gu Seoul, Jongno-gu, Seoul, and interfered with the traffic by participating in the assembly participants from around 20:00 on the same day to around 22:00 on the ground.

2. With respect to the failure to issue a dispersion order, with respect to the head of the police station having been authorized by the head of the police station at the last place specified in paragraph (1), the Defendant refused to comply with the legitimate dispersion order issued by the head of the competent police station by failing to immediately dissolve any part of the participants in the meeting, on the ground that some of the participants in the meeting take wire ropes onto the police bus, or take auxiliary of the police bus glass, etc. on the same day on the ground that they were not reported, on the ground that they were not subject to such order; the first dispersion order around 19:20 on the same day; the second dispersion order around 19:37 on the same day; the third dispersion order around 19:54 on the same day; the fourth dispersion order around 19:54 on the same day; the five first dispersion order around 20:12 on the same day; the sixth dispersion order around 20:41 on the same day; and the first order around 21:2

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each report on investigation;

1. Previous convictions: Application of respective Acts and subordinate statutes;

1. Article 185 of the Criminal Act applicable to the crime, Articles 185 and 30 of the Criminal Act (the point of interference with general traffic), Article 24 subparagraph 5 of the Assembly and Demonstration Act, Article 20 (2) of the Assembly and Demonstration Act (the point of non-compliance with an order of dissolution), and the selection of fines;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes is aggregated) of the aggravated concurrent crimes.

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