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(영문) 서울중앙지방법원 2017.06.02 2017노17
일반교통방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the Defendant (misunderstanding of facts, and improper sentencing)’s interference with the performance of special official duties, the Defendant did not have committed any power or assault.

(2) As to the obstruction of general traffic, the Defendant conspiredd with other participants to commit a crime of interference with general traffic.

Now, the defendant had no intention to commit an act interfering with traffic.

(3) As to the violation of the Assembly and Demonstration Act, since the Defendant could not be aware of the dispersion order, there was no intention to refuse the dispersion order.

(4) The sentence sentenced by the first instance court (5 million won in penalty) is too unreasonable.

B. The sentence imposed by the first instance court (unfair sentencing) on the Defendant is too unhued and unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the first instance court on the Defendant’s assertion of mistake of fact, the participants in the demonstration at the time of the instant case occupy the three-lanes as follows: the police assigned a dispersion order over several times as indicated in the judgment; and the Defendant was ordered to do so at the time of investigating the prosecution.

The facts are, however, that the participants of the demonstration, without dissolution, were arrested when they were arrested (the statements made by O and P investigation agencies corresponding thereto are sufficiently reliable in light of the situation at the time, the body of their statements, etc.). This case is recognized as follows: (a) the participants of the demonstration, in the forepart of the demonstration team, did not break up and cut down the blocking wall installed by nearby police vehicles as a wire line; (b) there was a collision with the police officers who attempted to enter the demonstration team; and (c) the hacks and fins of the pipe and fins, etc. with the police officers, and (d) the Defendant displayed or unloaded the hacks and fins, etc.; and (c) the Defendant, in the forepart of the demonstration team, took the arms of the police officers, fats, fats, and fats the P and fats the pl, etc., and were arrested (the statements made by O and P investigation agencies corresponding thereto are sufficiently reliable).

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