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(영문) 대전지방법원 천안지원 2016.08.25 2016고정339
일반교통방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the director-general of the Korean Democratic Trade Union E-general trade union D.

On November 14, 2015, at around 16:45, the Defendant participated in the 1110 Seoul Jung-gu World War Headquarters that was held in the 110 Seoul Jung-gu, Jung-gu, Seoul Scenic, and obstructed the passage of an unspecified number of vehicles by occupying approximately 65,00 other participants in the assembly to the third sponsing of the third spons from Seoul Square to the third sponsing of the third spare, while driving along with approximately 65,00 other participants.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each description and image of a report on internal investigation (investigation into the attachment of the person suspected of being suspected of being raised A), report on internal investigation (locating the routes of movement A, etc. of the person suspected of being suspected), investigation report (Analysis of the routes of movement of broadcasting vehicles, etc.);

1. Entry of a written notification of prohibition of outdoor assembly;

1. Application of Acts and subordinate statutes on images of illegal photographic materials;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act against the order of provisional payment;

1. The defendant's defense counsel regarding the argument that the notice of prohibition was made by the general assembly of the Korean Democratic Trade Union, but there was an illegal notice of prohibition by the Commissioner General of the Seoul Regional Police Agency. Thus, the participants in assemblies, including the defendant, including the defendant, do away from the Seoul square, and do not constitute a general traffic obstruction even if the demonstration and assembly

The argument is asserted.

Therefore, regarding whether the notice of prohibition by the Seoul Regional Police Agency is illegal, the location of the three kinds of roads included in the course of the outdoor assembly, the traffic volume (69,223 daily as of 2014), and the connection road.

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