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(영문) 서울북부지방법원 2013.09.13 2013노822
일반교통방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part of the participants in the event of this case, including the Defendant of mistake of mistake, start from the park where the participants in the event of this case, including the Defendant of mistake of fact start and walked on the road in India, and walked on the road in India. The police had already obstructed traffic by blocking the entrance of the auxiliary road or the front part of the el Committee building, and as such, the auxiliary road is not a major one that can be restricted by the assembly prohibition and demonstration law, or by attaching the conditions for maintaining traffic order, but rather a three-lane road used only by the vehicle in the direction of the right-of-way, and thus, it was merely a three-lane road used only by the vehicle in the direction of the right-of-way. As a result of the instant event, the traffic of the vehicle using the auxiliary road was impossible or remarkably difficult due to the instant event.

The defendant's act does not constitute a general traffic obstruction.

B. The defendant's act constitutes a justifiable act that does not violate the social rules, while participating in the instant event for the legitimate remedy of the D workers who were unfairly dismissed.

2. Determination

A. We examine the argument of mistake of facts, the evidence duly adopted and examined by the court below and the following circumstances recognized by the court below. ① The event of this case is an assembly progress without legitimate report in accordance with the provisions of the Assembly and Demonstration Act. ② The participants in the event of this case, including the defendant, occupy a three-lane road with a subsidy to about about 40 minutes as the distance is about 850 meters. ③ The auxiliary road is a three-lane road used by the vehicle moving to a direction in the city of the city of the city.

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