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The defendant shall be innocent.
Reasons
1. The Defendant, as the Director-General of the Korean Democratic Trade Union Federation (D; hereinafter referred to as the “Civil Union Head-General”), participated in the “National Workers’ Competition” organized by the Seoul Central Headquarters E at the Seoul Central Headquarters from November 14, 2015 to November 16:30 of the same day.
The above assembly was one of the prior assemblies of “H” planned by the FF (Joint Representative G) which was launched by the lead of the public-private labor group, which was a prior assembly of “labor” sector.
The total of 66,00 people who participated in each sector's prior assembly, including the above "National Workers' Competition", had entered into a luminous square with three forms after the completion of each prior assembly under the name that "H" will run in the luminous plaza.
In the above process, Defendant 1, along with a number of participants in the assembly, moved from 16:30 to 20:56 of the same day into the street screen in Seoul Square and occupied the lane prior to the Jongno-gu Seoul Metropolitan Government Square from 16:30 to 20:56 of the same day.
Accordingly, the defendant conspired with the participants in the assembly and interfered with the traffic on land.
2. In light of the legislative intent of the Assembly and Demonstration Act, in a case where a lawful report is completed and an assembly or demonstration on the road is conducted on the road, the traffic of the road may be restricted to a certain extent. Thus, in a case where the assembly or demonstration was conducted within the reported scope or where the reported details are not remarkably deviating from the reported scope, the traffic of the road was obstructed thereby.
Even if there are no special circumstances, it cannot be deemed that a crime of interference with general traffic under Article 185 of the Criminal Act is established.
However, the assembly or demonstration is so far as it is impossible or considerably difficult to pass by interfering with road traffic by seriously deviating from the scope of the original report or by seriously violating the conditions under Article 12 of the Assembly and Demonstration Act.