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(영문) 서울중앙지방법원 2014.04.02 2014고단112
일반교통방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

[2014 Highest 112] The Defendant, from around 20:53 on July 6, 2013 to 21:33 on the same day, occupied by approximately 1,00 participants in other assemblies, while participating in the meeting of the National Assembly in response to the National Assembly in the Seoul Jung-gu Seoul Central District, Seoul Central District, which was organized by the National Assembly at the time of responding to the National Assembly.

Accordingly, the Defendant conspired with other participants in the assembly and interfered with the traffic on land.

[2014 Highest 1216] On November 10, 2013, the Defendant participated in the “National Workers’ Competition” held by the Korean Democratic Labor Union Federation Federation at the Seoul square, which was held on November 14:00. On the same day, around 16:20 on the same day, the Defendant was driving along with approximately 15,00 participants in other assemblies at around 16:20 on the same day while occupying a whole way from Seoul square to the 4th parallel from 16:57 to 17:40 on the same day, and the Defendant interfered with an unspecified number of unspecified vehicles by carrying out demonstration and assembly.

Accordingly, the Defendant conspired with other participants in the assembly and interfered with the traffic on land.

Summary of Evidence

[2014 Highest 112]

1. The defendant's partial statement in the first protocol of trial;

1. A report on an outdoor assembly;

1. Information situation data, and documentary evidence (2014 high group 1216);

1. Partial statement of the defendant;

1. Domestic investigation report (Attachment of the report on the outdoor assembly or demonstration progress);

1. Report on information status, and application of relevant Acts and subordinate statutes on documentary evidence;

1. Relevant Articles 185 and 30 of the Criminal Act concerning facts constituting an offense and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant and his defense counsel regarding the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall hold an assembly only for the defendant who are merely a simple participant.

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