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(영문) 서울중앙지방법원 2013.11.28 2012고정6524
일반교통방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

[2012 High Court Decision 6524]

1. On May 19, 2012, from around 16:10 to 17:25, the Defendant participated in the '5.19 Korean National Assembly' held by the commemoration committee, etc. of C Victims in the Seoul Yongsan-gu Seoul Yongsan-gu, Yongsan-gu, Seoul.

After the completion of the above 17:25 on the same day, the Defendant moved along with approximately 3,50 participants in other assemblies with about 17:25 on the same day to the front of the door of sublime, the Bank of Korea street, and the passage of the road through the entrance and exit of the Gu. On the same day, at around 18:15 on the same day, the Defendant continued to move along to the front of the door of sublime, the Bank of Korea street, and the entrance and exit of 10 lanes on the road, thereby hindering the traffic of the vehicle.

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

[2013 High Court Decision 2820]

2. On November 24, 2012, from around 18:30 to around 18:54 of the same day, the Defendant was participating in an assembly of the “Cron 4 National Assembly” held in the Seoul Jung-gu Seoul Central Public Forum, Jung-gu, Seoul, with approximately 600 participants in other assemblies, and obstructed vehicle traffic by occupying a front lane of the road in front of the Seoul Public Forum.

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

Summary of Evidence

[2012 High Court Decision 6524]

1. 5.19 May 19, 201: A report on the status of the pan-national Assembly (information situation report), such as an outdoor assembly ( Demonstration, Demonstration), a report on the C model, etc.;

1. photographs of documentary evidence, and photographs of the flow site of traffic straws [2013, 2820];

1. C 범대위, 11.24 ‘汎국민대회’ 상황(1보), 옥외집회신고서

1. Application of the Acts and subordinate statutes to suspect documentary evidence, photographs, guidance and search materials for the happy routes;

1. Relevant Article 185 of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning criminal facts, and the choice of fines;

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 (one day: 50,000 won) of the Criminal Act;

1. The punishment to be suspended under Article 59(1) of the Criminal Act: 500,000 won for the first time, and the facts and circumstances of the third place of intellectual disability shall be considered;

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