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(영문) 서울중앙지방법원 2016.04.28 2015고단2664
일반교통방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 12, 2014, the Defendant plans to engage in the national strike on February 25, 2014, which is comprised of the power of the public, the president of the Korean Democratic Labor Union (hereinafter “Private Labor Union”), the Korean Farmers’ Federation, the Korean Association of Farmers’ and Fishermen, the Korean Association of People’s Farmers, the Korean Association of Residents, etc. (hereinafter “the Korean Committee”), etc. on February 25, 2014, the Defendant plans to engage in the national strike on February 25, 2014, one week after the appointment of the president, and from around 16:00 on the same day, he/she could not be able to do so for one year of the C regime,

2.25 Holding the National Plelelights (hereinafter referred to as “National Plelights”) and decided to hold candlelights from around 19:00 on the same day.

Accordingly, on February 25, 2014, around 16:25, the Korean Commission held a national strike resolution meeting with approximately 13,000 members, such as the members of the labor union in Seoul Jung-gu, Seoul Special Metropolitan City, while holding a national strike resolution meeting, the assembly was completed at around 17:40 after the assembly was held in the order of the strike for the implementation of cultural performances or symbol of the common competition of the public-private society as the class D.

As above, the Defendant participated in the national strike and followed up to 18:00 other participants in other assemblies from around 18:00 to 18:45 of the same day, while occupying 8 former roadways from 85, Jung-gu, Seoul, Jung-gu to B from around 85 to 18:45 of the same day.

Accordingly, the defendant conspired with other participants in the assembly and interfered with the traffic by land.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the current status of information, and documentary evidence thereof;

1. Application of Acts and subordinate statutes to report internal investigation (the report on the assembly of a national strike resolution meeting, the verification of evidence and total flow photographs of a suspected person);

1. Article 185 of the Criminal Act, Articles 185 and 30 of the Criminal Act, and the choice of fines concerning the crime;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. The defendant with the reason for sentencing of Article 334(1) of the Criminal Procedure Act is the roadway in the course of exercising fundamental rights guaranteed by the Constitution, such as freedom of assembly and expression.

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