logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.04.17 2014노5219
일반교통방해등
Text

The judgment below

All convictions shall be reversed.

Defendant

A A A The fine of one million won, Defendant B, C, D, E, F, G, H, I.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor (not guilty portion of Defendant S), even if Defendant S as a member of AA and conspired with participants in the demonstration of this case to occupy roads and to fully recognize the fact that they participated in night demonstration, the court below acquitted Defendant S of all the facts charged against Defendant S on the ground of misconception of facts.

B. Defendant L, T and V’s assertion of misunderstanding of facts and the direction of proceeding on the way of returning a vehicle to Korea by driving the vehicle, and Defendant V used the vehicle to drive the vehicle to take photographs and followed the demonstration stand. Thus, the lower court did not establish a crime of interference with general traffic and violation of the Assembly and Demonstration Act (in the case of Defendant T and V) on the grounds that the aforementioned Defendants conspired with other participants of the demonstration, but the lower court convicted all the charges against the said Defendants by misunderstanding of facts.

C. Defendant S except for Defendant S, asserts a mistake of facts and a misapprehension of legal principles (general traffic obstruction part) ① The Defendants participated in traffic control in order to protect the demonstration team from the general vehicle, and did not interfere with traffic as stated in the facts charged through the vehicle demonstration. ② The acts of the Defendants in this case on the roads where the passage of the vehicle was not possible due to the demonstration do not constitute the elements of general traffic obstruction. ③ Although the Defendants did not have any public invitation and functional control over traffic obstruction due to the demonstration, the lower court convicted the Defendants on the grounds of erroneous determination of facts and misapprehension of legal principles, even though they did not establish a common traffic obstruction relationship with the demonstration team.

Defendant

U misunderstanding of the legal principles(the violation of the Assembly and Demonstration Act) The Constitutional Court shall conduct a demonstration before 24 hours after sunset.

arrow