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(영문) 서울중앙지방법원 2017.08.11 2017노929
일반교통방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The participation in the summary of the grounds for appeal (misunderstanding of facts and misapprehension of the legal principles) is an organization that led the participation of the citizen of this case, and the defendant is a participating group G with a good knowledge of the preparation and progress of the meeting of this case, and is a joint principal offender for the crime of interference with general traffic that occurred during the assembly of this case. Thus, the judgment of the court of first instance which acquitted the defendant of the facts, is erroneous in the misapprehension of the legal principles of the joint principal offender of this case and interference with general traffic.

I would like to say.

2. Determination:

A. According to the evidence submitted by the first instance judgment prosecutor, it is acknowledged that the Defendant was staying on the road, even though he was in combination with other demonstration teams that occupied the route and fluence as recorded in the facts charged in the instant case, in full view of the following circumstances, there was an intention to interfere with road traffic by remarkably deviating from the scope of the demonstration reported to the Defendant at the time, or there was a conspiracy to interfere with the general traffic between other participants.

It shall not be readily concluded.

① Although the Defendant is an incumbent executive member of a participation group in the Republic of Korea, it is unclear whether he/she was the organizer of an assembly by sector or an official participation group held at the time of the participation group, which was led by the public-private partnership at the time of the participation group, and therefore, it does not seem that the Defendant was aware of the scope of the report on assembly and the status of the progress of the assembly in relation to the organizer, etc. of the assembly developed at the scene of the crime at the scene of the crime.

② From 14:00 to 19:00 on the day, the Defendant participated first in a prior assembly by sector held in the vicinity of the Jongno-gu Seoul Jongno-gu University, and moved first to 18:30 to 19:00 to that of the entrance of the Gu office, depending on the route originally planned with other participants in the assembly.

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