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(영문) 서울서부지방법원 2016.07.07 2016노156
일반교통방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below accepted the defendant's defense counsel without credibility despite the fact-finding that the prosecutor found the defendant guilty, and found the defendant not guilty, and erred by misapprehending the legal principles.

2. Determination

A. On May 24, 2014, the Defendant participated in the meeting of the National Support Committee for the Sewol Ferry that was organized by the Jongno-gu Seoul Metropolitan Council for the People’s Countermeasures against the Sewol Ferry around May 24, 2014.

From May 24, 2014 to 21:50 the same day from May 24, 2014, the Defendant occupied the eight lanes prior to the eight lanes in the way that one-way, Jongno-gu, Seoul, Jongno-gu, Seoul, occupied the 1,00 conference participants and two-way-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based

Accordingly, the defendant interfered with the traffic of vehicles using the roadway in common with the participants in the assembly.

B. In full view of the following circumstances acknowledged by the record, the lower court determined that the Defendant’s evidence alone, which was submitted by the prosecutor, can only recognize the fact that pictures between many people are taken by the police in the vicinity of the Siro-ro 2, Jongno-gu, Seoul, where the Defendant occupies the road as indicated in the facts charged, and that the facts charged in the instant case that the Defendant interfered with traffic as indicated in the facts charged are proven to the extent that there is no reasonable doubt.

It is difficult to see

Based on the judgment, the defendant was acquitted.

피고인은 2014. 5. 24. 청계 광장에서 열린 세월 호 추모 집회에 참가하였으나 집회 후 행진에는 참여한 바 없고 이후 개인적인 용무를 보고 다시 보신각으로 돌아왔는데 길이 막혀 있고 차량 통행이 없어 잠시 차로를 가로질러 길을 건넜을 뿐 도로를 점거한 바 없다고 주장하고 있다.

The defendant is a number of people in the vicinity of the People's Republic of Korea in the police photo (Evidence No. 43, 44 of the record).

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