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(영문) 의정부지방법원 2016.10.20 2016고정1233
일반교통방해
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From 2004, the Defendant is a worker who is employed for the operation of dump trucks and has been working as a member of the Seoul Northern Construction Machinery Branch from the Republic of Korea to the date of 2004.

No person shall damage, obstruct, or interfere with traffic by other means, a road, a waterway, or a bridge.

Nevertheless, the Defendant, at around 17:00 on November 14, 2015, occupied the 12-lane line with the demonstration team participating in the assembly on the front of the C hotel located in Jung-gu Seoul Metropolitan Government, for the reason that he participated in the public assembly, thereby interfering with the traffic of the above land, which is a public place for the passage of the general public.

Summary of Evidence

1. Defendant's legal statement;

1. The report on the reading of illegal violence or demonstration participants;

1. The application of Acts and subordinate statutes to the reporting of internal investigation (verification of the time and place of internal investigation), report of internal investigation (verification of whether the report is filed), report of internal investigation (verification of the image of the order of dissolution), report of internal investigation (verification of the moving route of the suspected person A), report of internal investigation (Attachment of photographs occupying a lane), and report of internal investigation (with regard to the place of taking pictures attached thereto);

1. Relevant Article of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Consideration of the following facts: (a) the first offense for sentencing under Article 334(1) of the Criminal Procedure Act is the first offense for sentencing; (b) all of the instant crimes are recognized; and (c) there is relatively short time to obstruct traffic.

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