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(영문) 광주지방법원 2018.05.16 2018노355
일반교통방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding, misunderstanding 1) The driving of a road in the course of a general traffic obstruction assembly does not fall under the elements for the formation of a general traffic obstruction, and the Defendant’s driving of a road along with other participants in other assemblies is not recognized as having a causal relation between the Defendant’s act and the traffic obstruction since the passage of the surrounding road has already been completely finished due to the installation of a vehicle wall by the police, and even though the Defendant did not have a competitive relation with the intent of traffic obstruction or with unspecified majority, the lower court convicted him of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine.

2) The dispersion order of this case in violation of the Assembly and Demonstration Act is not a lawful dispersion order, but a lawful dispersion order was issued, since it was not in the situation where the benefit and interest of the other party or the direct danger to public peace and order was clearly caused.

Even if the defendant did not properly hear this, the court below found him guilty of this part of the facts charged. The court below erred by misunderstanding the facts and misunderstanding the legal principles.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. Determination 1 on the assertion that there is a mistake in the facts as to the obstruction of general traffic. The summary of this part of the facts charged is as follows: from around 16:00 on November 14, 2015 to around 20:15 on the same day, the Defendant, along with the union members of the Korean Democratic Labor Union (hereinafter “Private Labor Union”) including the members of the labor union, including the members of the public transportation labor union E branch in the public transportation labor union, from around 16:0 on the street of the Seoul Viewing plaza to the entrance area from the front of the Seoul Viewing square, the light traffic distance, the 1st class of the street, the 1st class of the street, and the west Scular street (schill distance at the entrance of the Gu office) moving along the two lanes prior to the road.

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