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(영문) 서울중앙지방법원 2014.06.27 2014고정423
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

The defendant is a member of the Korean Metal Workers' Association affiliated with the Korean Franchis Association affiliated with the Korean Franchis Association.

On April 26, 2013, the Defendant: (a) around 16:20 on April 26, 2013, up to 17:00 on the same day, up to 17:00 on the day, the Defendant occupied approximately 1,00 participants in Hyundai Motor Vehicle Rool, which is located in Seocho-gu Seoul, the Seocho-gu Seoul, for the “Indirect Employment Elimination Pool Resolution for Non-regular Metal Trade Union” organized by the Korean Metal Trade Union in front of the nuclear ground, and occupied approximately 1,00 participants in the above assembly, together with approximately 1,00 participants in the above modern Motor Vehicle Pool.

4. According to the report on the information situation report of April 26, 2013, since the fact that all participants in the assembly moved to India at around 17:00 on April 26, 2013 is recognized, all participants in the assembly shall be deemed to have moved to India, and criminal facts are recognized by adding the term “within 17:29” as “within 17:00.”

As a result, the assembly was proceeded with and obstructed the traffic of the vehicle.

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

Summary of Evidence

1. Partial statement of the defendant;

1. 4. 26. Report on the status of information;

1. Application of the photographic data of the Assembly or demonstration (4. 26:20 on April 26) and the photographic data of the assembly or demonstration to the statutes;

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

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

1. The defendant and his/her defense counsel's assertion on the claim of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that although the defendant participated in an assembly of the date and place stated in the facts charged in the instant case, there is no traffic interference by occupying the roadway.

However, according to the above evidence, from April 26, 2013 to 17:00 on the same day, the two lanes in front of Hyundai Automobile Co., Ltd. were occupied by participants in the assembly of this case.

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