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(영문) 광주지방법원 2018.05.24 2016고단4661
일반교통방해
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The Defendant is the Director-General of the National Democratic Trade Union Federation of Korea (hereinafter “Private Partnership”) and the Director-General of the National Organization X of Social Transport Union.

From November 14, 2015, the headquarters for the reorganization of the general public, consisting of 53 citizens and social organizations, including the total labor union, was planned to hold a prior assembly at each of five teams, such as labor (Seoul square), farmers (Seoul Pyeongro), citizens (university-ro parks), young people (university-ro parks), and young people (university-role squares parks), and to hold a prior assembly at each of five teams reported by each assembly, and then proceed with the "the general public substitute conference under the Y-gu repololol", which is the main assembly reported by the assembly to be prohibited by gathering the luminous square.

Accordingly, the number of 32,00 participants of the assembly participating in the prior assembly of each sector, including the defendant, would hold the above assembly in the luminous square. On the same day, it conflicts with the police who tried to enter into the luminous square by gathering the two lanes at around 16:55 on the same day and moving the two lanes to the luminous square.

On November 14, 2015, from around 16:55 on November 14, 2015 to 20:02 of the same day, Defendant attempted to enter the area into the luminous square by moving the two-way lane in the vicinity of the Seoul Jongno-gu Seoul Metropolitanro Street.

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

2. Determination

A. In an assembly on the road, the road traffic will be restricted to a certain extent in a case where a legitimate report is completed pursuant to the Assembly and Demonstration Act, and an assembly or demonstration is conducted on the road. Therefore, in a case where the assembly or demonstration was conducted within the reported scope or is conducted differently from the reported details, barring special circumstances, the general traffic obstruction under Article 185 of the Criminal Act is not established.

2) However, the assembly or demonstration significantly deviates from the reported scope.

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