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(영문) 청주지방법원 2017.07.14 2017노96
일반교통방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts and legal principles (1) As to the general traffic obstruction, the Defendant participated in the National Pension Service and the Resolution Resolution for the General Suppression against the Muppression of the Public Officials Pension (hereinafter “The instant assembly on March 28, 2015”) on March 28, 2015, and putting the banner on the Mapo B as a Mapo B at the E-Do Culture Epic Park Culture Complex, but the police did not have any sanctions against the participants of the Pool, and was committed based on a lawful assembly report as a result of a lawful assembly report.

As we think and take part, there was no perception that it interferes with general traffic.

In addition, Article 12(1) of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) which a police officer limits assemblies and demonstrations on the major roads of major cities for traffic flow is likely to be unconstitutional since it violates Article 21(2) of the Constitution, and thus, it is not unlawful for the Defendant to participate in the assembly on March 28, 2015 of the instant case.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous by misunderstanding the facts and misunderstanding the legal principles, which affected the judgment.

(2) On May 6, 2015, the Defendant participated in an assembly to block public official officials from opening the assembly (hereinafter “instant assembly on May 6, 2015”) in front of the National Assembly’s office building, but did not think that there was no perception of illegality since the Defendant did not know that the front of the National Assembly was specified as an outdoor assembly and demonstration prohibited place.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous by misunderstanding the facts or by misapprehending the legal principles, which affected the judgment.

B. The punishment sentenced by the lower court (two million won in penalty) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

(a) Part of general traffic obstruction (1).

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