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(영문) 서울북부지방법원 2015.11.26 2015노1201
일반교통방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the defendant's act is not a serious traffic obstruction to the general traffic obstruction, but a "other means" among the elements of a general traffic obstruction under Article 185 of the Criminal Act should be interpreted as an act that makes it impossible or extremely difficult for the general traffic obstruction due to damage or influence. Since the defendant did not commit such an act, it does not constitute a general traffic obstruction. ② The defendant, as a secretary of the National Assembly, as a member of the National Assembly, was engaged in surveillance activities on the violation of human rights at an assembly site. As such, the defendant's act is deemed as a justifiable act that does not violate social rules, and thus, the illegality of the defendant's act is excluded, and ③ the defendant who is a mere participant at an assembly, was indicted on the ground that he was confirmed on the ground that the prosecutor exercised discretion in prosecution contrary to the principle of proportionality and the principle of equity, and thus, the court below convicted the defendant of each of the facts charged in this case.

B. The lower court’s sentence (three million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal principle on the assertion of the general traffic obstruction under Article 185 of the Criminal Act is an offense under which the general public’s legal interest is protected by the law, and its purpose is to punish all acts making it impossible or remarkably difficult to pass by causing damage to land, road, etc. or interference with traffic by other means (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). Moreover, the general traffic obstruction is an abstract dangerous crime, which is impossible or remarkably difficult to pass by the public, and the traffic obstruction is likely to result in actual interference.

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