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(영문) 의정부지방법원 2016.08.03 2016고정1124
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

In spite of the fact that anyone does not damage or interfere with traffic by other means, such as destroying or blocking the land, water, or bridge, the Defendant participated in the 58 unit conference of the Korean Democratic Workers' Union in front of the Gu Office in Jongno-gu, Jongno-gu, Seoul on November 14, 2015 at the end of the 17:02, the Defendant interfered with the traffic of the above land by occupying the 12-lane line in front of the Gu office, along with the name demonstration team in which he participated in the above assembly, by occupying the 12-lane line in front of the Gu office, along with the 12-lane road.

Summary of Evidence

1. Partial statement of the defendant;

1. Photographs, data, and assembly photographs of an illegal offender;

1. Application of Acts and subordinate statutes to a report on investigation (A mobile routes investigation);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

(a) The costs of the demonstration had already been installed by the police prior to the commencement of the demonstration, and the traffic on the land has been obstructed due to the above-mentioned chassis, so it does not interfere with the traffic on the land due to the road occupation of the demonstration team;

B. The defendant's act of participating in the assembly of this case does not constitute damage, destruction, fire, and other methods corresponding to the act of interference with general traffic.

(c)

The defendant did not have any intention to obstruct traffic as a simple participant in an assembly.

(d)

The defendant's act constitutes a justifiable act that does not violate social rules.

2. Determination

A. 1) Interference with general traffic safety is an offense involving the protection of general public’s legal interests, and thus making it impossible or considerably difficult to pass through by causing damage to or infusing land, road, etc. or interfering with traffic by other means.

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