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(영문) 서울중앙지방법원 2015.07.16 2014노4727
일반교통방해등
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an assault against K to walk on the part of K’s worship.

B. 1) The Defendant asserted that the demonstration site was in violation of the Assembly and Demonstration Act, but did not participate in the demonstration. There was no internal relation between the participants of the demonstration and other participants. 2) The Defendant alleged that the demonstration site was in violation of the Assembly and Demonstration Act. The Defendant did not directly cause traffic interference or intentionally threaten traffic safety.

In addition, since the police formed a bus wall with a police bus and controlled the vehicle traffic, the act of the defendant does not interfere with the traffic.

The illegality of the defendant's act is excluded as a justifiable act that does not go against the social norms.

2. Determination on the grounds for appeal

A. On June 1, 2008, at least 01:30 on June 1, 2008, the Defendant: (a) rejected a demand from the victim K (20 years of age) who is a police officer of the Seoul Metropolitan Police Agency to get off the police bus installed as a parking wall to prevent the Defendant from entering the police box before the police box located in Jongno-gu, Seoul; and (b) obstructed the Defendant’s legitimate execution of duties by a police officer in the course of carrying out the duties of suppression of the crime by walking on the part of the victim who is a police officer of the J police agency, who is a police officer of the J police agency, but is in charge of arresting the Defendant due to the violation of the Assembly and Demonstration Act. (b) The lower court found the Defendant guilty of the instant facts charged by citing the investigation report stating the Defendant’s statement that the Defendant was assaulted by K, as stated in the instant facts charged.

3 The judgment of the court below and the judgment of the court below.

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