Defendant

Both parties

Gangwon-gu, for the purpose of transmission, for the fluoral, for the fluoral (prosecutions), and for conciliation (public trial)

Seoul Central District Court Decision 2014 Highest 8036, 2015 Highest 2926 (Joint), 2015 Highest 6211 (Joint), 2016 Highest 4749 (Joint) Decided January 11, 2017

The judgment of the court below is reversed.

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

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

Of the facts charged in the instant case, the Defendant is acquitted on the charge of interference with general traffic as of June 28, 2014, April 11, 2015, April 16, 2015, April 2016, April 24, 2015, April 14, 2015, May 1, 2015, and November 14, 2015.

The summary of the judgment of the acquittal shall be disclosed.

1. Summary of grounds for appeal;

A. Defendant (De Facto misunderstanding or misunderstanding of legal principles)

With respect to each general traffic obstruction, the Defendant did not know that the assembly was exceeded the scope of the report by simply participating persons, did not hold a public contest with other participants in the assembly on the traffic obstruction, and did not directly occupy the lane at the assembly on November 14, 2015.

(b) Prosecutors;

(1) misunderstanding of facts

As to the acquittal portion of the lower judgment, an assembly of May 3, 2014 organized by the Defendant does not require a report.

(2) Unreasonable sentencing

The sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

2. Determination

A. Judgment on the defendant's assertion of mistake of facts

(1) Determination as to the obstruction of general traffic by September 23, 2015

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, the Defendant participated in the assembly on September 23, 2015 and directly occupied the new draft with the participants at the assembly, and the police at the time ordered the assembly participants to dissolve the assembly participants several times, etc., the lower court may recognize the fact that the Defendant knowingly and implicitly conspired with the participants at the assembly and interfered with the passage of the land traffic as stated in the lower judgment, even though he/she was aware that the assembly was in excess of the reported scope. This part of the Defendant’s assertion of mistake of facts is without merit.

(2) Determination as to interference with general traffic as of June 28, 2014, April 11, 2015, April 16, 2015, April 2015, April 24, 2015, and May 1, 2015

(A) This part of the facts charged

"One point that interferes with general traffic on June 28, 2014."

On June 19, 2014, ○○○○○○○○○○○○ (hereinafter “△△△△△△”) planned an assembly demonstration under the name of “the fact-finding in the Sewol Ferry, the prevention of privatization, the succession to the spirit of the heat, and the progress of the second regular conference,” and reported through Nonindicted Party 1 of the Organization Department, the date and time of holding the Seoul Provincial Police Agency’s assembly through Nonindicted Party 1 on June 28, 2014, “the date and time of holding the assembly from 17:0 to 20:00”, “the venue of the assembly,” “Cheong River,” “Cheong River,” and “Cheong River, Cheong River, Ma-ro 10,000” to “the Cheong River, Ma-ro 2nd and 2nd Ga-ro Ga-ro, Ma-ro 2nd Ga-ro,” respectively.

On June 28, 2014, at around 18:00, the Defendant participated in the Cheongdo square, which started from the Cheongdo square on June 28, 2014, and went ahead from the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the 3,000 participants, and the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of

Accordingly, the Defendant conspiredd with approximately 3,00 participants in the assembly and interfered with the traffic on land.

(2) The point of interference with general traffic on April 11, 2015

On April 11, 2015, around 16:40 to 19:00, the Defendant participated in an unreported meeting, which was held in the presence of 2,50 members, family members, etc., in the Magmun Sagle in Jongno-gu, Seoul, and held in the presence of 2,500 members, the members, the family members, etc., in the Sejong Metropolitan Government, as the chairperson of the Magmunmun Sagle in the Jongno-gu, Jongno-gu.

From 19:05 to 20: At 10, 200, 2,00 participants in the assembly including the defendant were "(1: 2,50)", the 1st five-lanes of the Seoul Jongno-gu Museum, and the 1st five-lanes of the Enforcement Decree of the Government, were moved to the north of the Pluri Slock, without permission, as in front of the small park, and the 1st five-lanes of the Pluri Slock and the 1st five-lanes of the Seoul Museum, and the 1st five-lanes of the Plock and the 2nd anniversary of the 20th anniversary of the 20th anniversary of the same day, the 2nd anniversary of the 2nd anniversary of the 2nd anniversary of the 1st anniversary of the 2nd anniversary of the 1st election, the 2nd of the 2nd of the 2nd of the 3th anniversary of the 1st election. However, the 2nd of the 3nd of the 1st election of the citizens.

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

(3) The point of interference with general traffic on April 16, 2015

At around 19:00 to 21:10 on April 16, 2015, the Defendant attended a report meeting with the chairperson of the Seoul plaza located in the Jung-gu Seoul Metropolitan Area, 10,000 members, including the members, the members, the family members, etc. of the Gue-gu Seoul Metropolitan Government, Seocho-gu, Seoul, as the society of the chairperson of the execution of Non-Indicted 2, the Defendant was present at the report meeting.

After the completion of the assembly, 10,00 participants including the Defendant were 10,00 persons who participated in the assembly including the Defendant at the end of the assembly: 10-lane from 21:35 on the same day to 3-lane 1:00-lane 1: The two-lane 2:00-lane 1: the two-lane 2:00-lane 1:5 on the same day, the two-lane 8-lane 1:5 on the day before the assembly, and the two-lane 3-lane 2:00-lane 1:5 on the same day, the two-lane 8-lane 2:00, the two-lane 3-lane 1:5, and the two-lane 8-lane 1:5, the two-lane 1:5, and the two-lane 3-lane 1:5, and the two-lane 2,000 among the participants in the assembly, the two-lane 3-lane 1:5.

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

(4) The point of interference with general traffic on April 24, 2015

On April 24, 2015, from around 13:30 to around 16:25, the Defendant attended an assembly of “△△ Labor Competition” held in Seoul Square (including members of △△△△△△△), with approximately 8,800 participants attending the assembly. At around 16:45, the Defendant started driving along with 7,00 participants at the Seoul Square by using the lane prior to the direction of the passage from the Seoul Square as the end 2. At around 16:48 of the same day, the Defendant left the parallel reported at 18:13 to 18:36 of the same day, and occupied 3,00 participants from around 16:48 of the same day to 18:36 of the same day.

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

(5) Points of interference with general traffic on May 1, 2015

On May 1, 2015, the Defendant attended the meeting of “20,000 participants in the meeting from around 15:0 to 20,000, the Defendant attended the meeting of “2014 World Labor Section Workers’ Republic of Korea Workers’ Republic of Korea” held at the Seoul plaza, and from around 18:04 on the same day, from around 16:40 on the same day to around 18:20 on the same day, the Defendant occupied 20,000 participants at the meeting, with 20,000 and 18:20 on the same day from around 18:20 on the same day, the Defendant attended the meeting with 18:15 to 24:0 on the same day, and took place with 30,000 members of the meeting and 40,000 members of the society from around 21:15 to around 24:0 on the same day, and took place with 30,000 members of the meeting.

As a result, the defendant conspired with the above participants in the assembly and interfered with the traffic of the road.

(B) Judgment of the court below

The evidence presented by the prosecutor alone is difficult to recognize that the defendant was aware that the assembly exceeded the reported scope or was not reported in participating in the above assembly, and it is difficult to deem that there was a conspiracy to the extent that the co-principal was established due to the lack of evidence to prove that the defendant led the above assembly or participated in the assembly. This part of the defendant's argument is with merit for misunderstanding of facts.

(3) Determination as to the obstruction of general traffic by November 14, 2015

(A) This part of the facts charged

“A. Progress

around 13:00 on November 14, 2015, 53 organizations, the joint organization of △△△△△△△, the joint organization of 53 organizations, called △△△△△△△△, demanded 11 items, such as the “Suspension of Labor Modern”, and was held by approximately 47,00 persons in Seoul square located in Jung-gu, Seoul, approximately 3,000 persons, around Seoul Station, and approximately 68,000 persons, including approximately 6,00 persons before the Jongno-gu, Seoul Broadcasting and Communications University, and tried to collectively enter each road by dividing them into three lanes, namely, private distance, Cheongnam-ro, and west Lane.

On November 14, 2015, from around 14:25, to around 14:25, 2015, the demonstration team occupied the entire lane from Seoul Square to the luminous door, and attempted to enter into the luminous door protection area. On the same day, at around 15:03, the police and the police were set off as the course was obstructed by the vehicle walls of the police station installed in the Sejong PPP. On the same day. Accordingly, on the other hand, the security division of the South Seodaemun Police Station delegated by the head of the Seoul Southern Police Station cannot maintain order due to an assembly that clearly deviates from the scope of the purpose, date, place, etc. reported by the director of the security division of the Seoul Southern Police Station, and ordered to break down six times from around 15:40 to 16:31 on the same day.

On the other hand, among participants who participated in the assembly that completed a labor competition in the Seoul square, the demonstration team, such as the ▽▽▽▽▽▽▽▽▽▽△ was a road leading to the luminous square from the angle to the luminous square in order to enter the luminous plaza at around 16:46 on the same day. In order to enter other areas, the demonstration team that completed a sector competition in the other areas also remains together in the group and 21,000 persons of the above demonstration team in order to enter the luminous area into the luminous area, the demonstration team occupied the road that leads to the luminous square from the end to the luminous area of the road that leads to the luminous square in which the luminous area was set up in Jongno-gu, Jongno-gu, in which the 21,000 persons of the demonstration team moved into the luminous square and the career and the career of blocking entry into the

Accordingly, the head of the Sejong Police Station guard division delegated by the head of Jongno-gu Police Station: (a) ordered six times from 17:36 to 19:29 of the demonstration team 21,000 persons occupying a road adjacent to the shooting distance in Jongno-gu, Jongno-gu; (b) during the process, some of the demonstration teams used wire ropes, used wire ropes, and used violence such as cutting down the police bus; and (c) display the hack pipe and each item to the police.

In addition, the leader of the Seoul Southern Police Station guard division delegated by the head of the Seoul Southern Police Station, despite the sixth dispersion order, occupied the road and exercised violence without dissolution, and ordered an additional dispersion order from 20:43 to 22:30 on the same day.

(b) General traffic obstruction;

On November 14, 2015, at around 20:56, the Defendant participated in the assembly along with the demonstration team as above, and occupied the front lane of the road.

Accordingly, the Defendant interfered with the traffic in collusion with the above demonstration team by causing the passage to the land.

(B) Judgment of the court below

The evidence submitted by the prosecutor alone is not sufficient to recognize that the defendant interfered with the traffic of the above road in collusion with the participants in the assembly by means of directly occupying the road at the assembly of November 14, 2015 at the assembly of November 14, 2015.

B. Judgment on the prosecutor's assertion of mistake

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, the Defendant appears to have held an assembly on May 3, 2014 to criticize the government that was able and responsibilities with respect to the victims of the Sewol ferry. At that time, the term “gradging from the Park Jong-young” was created in the assembly, and the participants engaged in the assembly took part in the assembly from the open wind distance to the daily art gallery, it is difficult to view it as an assembly on coming-of-age, marriage, funeral and marriage, etc. for which no report is required. The Prosecutor’s assertion of mistake of facts is with merit.

3. Conclusion

Since the defendant's partial assertion of mistake and the prosecutor's assertion of mistake, the judgment of the court below is reversed without examining the prosecutor's argument of unfair sentencing, and the following decision is rendered

" 2015 Highest 2926"

1. The fact that May 3, 2014 violates the Assembly and Demonstration Act;

A person who intends to hold an outdoor assembly or demonstration shall submit a report on it to the chief of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly or demonstration.

On May 3, 2014, at around 19:25 to 21:45, the Defendant organized an outdoor assembly with approximately 200 persons, including, but not limited to, reporting to the head of the competent police station prior to the “Japan Art Gallery” located in Jongno-gu Seoul Metropolitan Government, with the content of “Ilmaning only one name,” putting a banner with the content of “Ilmaning only,” and holding a banner with the content of “Ilmaning only one name, the Government, and the President, responsible for him,” and “Ilmaning one name.”

" 2014 Highest 8036"

2. The fact that the Assembly and Demonstration Act was violated on May 18, 2014;

On May 12, 2014, the Defendant planned an outdoor assembly assembly organizer and supervisor of the Seoul Local Police Agency to “Defendant,” under the pretext of commemoratinging the victims of the Sewol ferry in the Sewol ferry. On May 12, 2014, the Defendant reported an outdoor assembly demonstration (or demonstration) to the effect that approximately 300 persons will progress on the date and time of holding the assembly, “the date and time of holding the assembly, May 18, 2014, from 16:0 to 19:00, from 19:00; the time and time of holding the assembly; the time and time of holding the assembly, “delivery back to the Young Pung Pung Library”; and the parallel course, “Seoul S that the Seoul Square (National Human Rights Rights Authority) ? the entrance of the Cheong Pung Pung Pung-dong and the North East Buk P

Nevertheless, from May 18, 2014 to 18:40 on the south side of the Young Building, the Defendant terminated the assembly, started driving with approximately 200 participants in the assembly to the courses reported with approximately 150 participants, and attempted to attract about 150 participants in the assembly to go on the erode of the erode of the erode, inciting about 150 participants in the assembly, without completing the assembly, at around 19:17, and attempted to go on the erode of the erode of the erode of the erode station. On the other hand, the Defendant occupied the traffic islands and crosswalk 6 out of the erode Station No. 19:25 to cause inconvenience to the traffic of ordinary citizens and vehicle traffic, and continued to go on the erode of the erode of the erode station by crossing the road around 21:00 and continuing to go on the erode of the erop of the erop.

Accordingly, the Defendant committed an act clearly deviating from the scope of the date, time, place, method, etc. reported as the organizer of an assembly or demonstration.

3. The fact that the Assembly and Demonstration Act was violated on June 10, 2014;

A. The Defendant planned 6.10 Cheongdae Man-man, as well as Nonindicted 6, Nonindicted 7, etc., to conduct a demonstration on the Cheongdae Man-man, Cheongdae-man, Cheongdae, etc., on the pretext of “Shoho-man’s trend” in the front line and the vicinity of the Cheong Man-man.

피고인은 2014. 6. 10. 21:20경 옥외집회·시위 금지장소인 국무총리공관 경계지점에서 약 60미터 지점인 서울 종로구 (주소 생략)에 있는 ▷▷카페 앞 인도 및 차도에서 ♤♤♤♤♤, ◁◁◁◁ 등 회원 약 100명과 함께 “87년 6. 10. 다시 오늘! 문제는 청와대다”라고 쓴 대형 플래카드 1개와 “책임자 처벌하라”, “박근혜물러나라”, “이윤보다 인간이다”, “잊지 않겠습니다”, “청와대로 가겠습니다”라고 적힌 손피켓 등을 소지하고, 같은 내용의 구호를 외치며, 휴대용 스피커를 이용해 시위대를 선동하여 이끄는 등으로 6.10. 청와대 만인대회 시위를 진행하였다.

Accordingly, in collusion with the above Nonindicted 6 and Nonindicted 7, the Defendant organized a demonstration within 100 meters from the boundary of the Prime Minister’s mission, which is the place where an outdoor assembly or demonstration is prohibited.

B. The Defendant’s demonstration at the same time and place as referred to in the preceding paragraph, and at the same time and place, and thus requested voluntary dispersion at around 21:40 on the same day, around 21:45, from the 14th order commander delegated by the Chief of Seoul Crops Police Station, the first order of dispersion at around 22:02, the second order of dispersion at around 22:05, and the third order of dispersion at around 22:05, but did not

Accordingly, the defendant refused to comply with the police's dispersion order.

"2016 Highest 4749"

4. Points of interference with general traffic on September 23, 2015;

(a) Progress

around September 18, 2015, △△△△△△ filed a report on an assembly with the Seoul Southern Police Station to the effect that approximately 100 persons participate in the election from around September 21, 2015 to October 18, 2015 in front of the building of the tendency newspaper company located in Jung-gu Seoul Jung-gu, Seoul, and the assembly was held from around September 21, 2015 to around 15 to around 15:0,00, for which approximately 90 persons participate in the resolution of the △△△△△△△△△△” at the front of the Sejong Park, the assembly was reported to the effect that: (a) around September 23, 2015, the Seoul Southern Police Station held a meeting to the effect that: (b) around September 23, 2015, approximately 15, 900 persons participate in the meeting.

Nevertheless, on September 23, 2015, from around 15:03 to 16:23, participants moved to the two-lanes and fixed distance from the 3-lanes of Jung-gu, Seoul, Jung-gu, Seoul, to the front line of 16:24, and on the same day, approximately 4,700 participants were moving to and from the 3-lanes of Jung-gu, Jung-gu, Seoul to the 16:24, in order to enter the luminous square, the conference participants moved to the 8-lanes of the luxa, a three-lanes of the luxa, without reporting.

After that, the participants, in front of the public interest culture center in Jongno-gu Seoul, occupied the two lanes in front of the police 16:48 by the vehicle walls in front of the public interest culture center in Jongno-gu, Seoul. Around 17:40 on the same day, approximately 2,50 persons were gathered in front of the Sejong Culture Center, using the sideway, etc., and the participants were gathered in front of the Sejong Culture Center at around 17:40 on the same day. From that time to 18:13 on the same day, the participants were holding a reorganization assembly by occupying five lanes in front of the Sejong Culture Center.

(b) General traffic obstruction;

On September 23, 2015, the Defendant participated in the assembly mentioned in the above paragraph (a), and occupied approximately 5,500 vehicles from around 15:03 to around 16:48, the Defendant occupied the two-lanes, the running distance, and the new line along with about 5,50 vehicles participating in the assembly.

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

【Fact 1 in the market (2015 Highest 2926)】

1. Partial statement of the defendant;

1. A certificate;

1. The suspect's Facebook data and the defendant's interview data;

1. All photographs of the Maternity Society on May 3, 2014;

1. Investigation report (related to the submission of a certificate of evidence collection and evidence collection information center);

【Fact 2 at the Time of Sales (2014 Highest 8036)】

1. The defendant's partial statement in court (the 16th trial date);

1. Statement by Nonindicted 8 of a witness recorded in the recording file of a legal recording system in the fourth trial record;

1. A report on internal investigation (a report on an outdoor assembly (a report on demonstration or demonstration) filed by the accused accused);

1. Photographs of the suspect of an implied demonstration at the end of the year-end 0518 (excluding the bottom of a photograph);

【Fact 3 in the market (2014 Highest 8036)】

1. Each statement of the witness Nonindicted 9 and Nonindicted 10 recorded in the recording file of the court-recording system among the fifth trial records

1. 수사보고(6.10 청와대 ♤♤집회 채증 동영상에 대한)[사진 밑 진술부분 제외), 수사보고(해산명령 고지한 동영상 분석), 수사보고(집회 당시 동영상 분석)

【Fact 4 at the Time of Sales (2016 Highest 4749)】

1. Partial statement of the defendant;

1. Legal statement of the witness Nonindicted 11

1. Report on internal investigation (the analysis related to the 923 Total wave business, and information disclosure of the current status);

1. A registration statement for each outdoor assembly;

1. Each photograph;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 22(2) and 6(1) of the Assembly and Demonstration Act (the holding of an outdoor assembly to be reported), Articles 22(3) and 16(4)3 of the Assembly and Demonstration Act (the holding of an outdoor assembly to be reported), Articles 22(3) and 16(4)3 of the Assembly and Demonstration Act (the holding of an act clearly deviating from the scope of the date, time, place, method, etc. reported as the organizer of an assembly or demonstration); Articles 23 subparag. 1 and 11 of the Assembly and Demonstration Act; Article 30 of the Criminal Act (the holding of an assembly or demonstration at a place where an outdoor assembly or demonstration is prohibited); Articles 24 subparag. 5 and 20(2) and 20(1)1 of the Assembly and Demonstration Act; Article 30 of the Criminal Act (the holding of an outdoor assembly or demonstration to be rejected); Articles 185 and 30 (the selection of fines for interference with general traffic);

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

The sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., are considered in light of the motive and circumstances leading to each of the crimes in this case, the defendant's role in the general traffic obstruction crime is not significant, and the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime.

1. This part of the facts charged

This part of the facts charged is as described in paragraphs (a) and (3) of the above 2-A-2-A.

2. Determination

As seen earlier, this part of the facts charged constitutes a case where there is no proof of a crime, and thus, the judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence is publicly announced pursuant to Article 58

Judges Osung U.S. (Presiding Judge) Kim Boo-young

1) The Korean History Museum in Jongno-gu Seoul, Jongno-gu, 198