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(영문) 대전지방법원 천안지원 2016.08.25 2016고정301
일반교통방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the head of the D's site department for non-regular cable broadcasting in the Korean Democratic Trade Union General Union D's Group E'.

On November 14, 2015, at around 16:47, the Defendant participated in the 110th century in the 110th class of the Seoul Jung-gu, Jung-gu, Seoul, which was held at the 110 Seoul square, with approximately 65,00 participants in other assemblies, and went along with the three-lanes from Seoul Square to Sejong Square, while moving along the three-lanes from Seoul Square to Sejong Square, the Defendant was driving off the place from 16:47 to 17:05 on the same day, and driven along the road in front of the Dong-ri-ri, Seoul Square to one way prior to the movement distance, and obstructed the passage of a large number of unspecified vehicles by participating in the demonstration and assembly.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of a prohibition notification;

1. Each description and image of a report on internal investigation (an investigation into the arrival of the person suspected of being suspected of being raised A), report on internal investigation (locating the routes of movement, etc. of the person suspected of being suspected) and investigation report ( analysis of the routes, etc. of movement of broadcasting vehicles);

1. Application of Acts and subordinate statutes on images of illegal photographic materials;

1. Relevant Article of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the selection of punishment;

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

1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act against the order of provisional payment;

1. The defendant's defense counsel regarding the argument that the notice of prohibition was made by the general assembly of the Korean Democratic Trade Union, but there was an illegal notice of prohibition by the Commissioner General of the Seoul Regional Police Agency. Thus, the participants in assemblies, including the defendant, including the defendant, do away from the Seoul square, and do not constitute a general traffic obstruction even if the demonstration and assembly

The argument is asserted.

Therefore, regarding whether the notice of prohibition by the Seoul Regional Police Agency is illegal, the location and the traffic volume (2014) included in the three-dimensional route of the health class and outdoor assembly.

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