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(영문) 서울중앙지방법원 2013.10.18 2013고정4705
일반교통방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 30, 2013, from around 15:15 to 16:15, the Defendant participated in the Resolution for the Elimination of Liquidation and Non-regular Workers, which was held and in progress by the D Trade Union in front of C Yongsan-gu Seoul Yongsan District.

After the completion of the above resolution, the defendant started with the name of 1,300 participants in other assemblies at around 16:15 on the same day and opened with three lanes in the direction of the progress, and going ahead to the front of Samsung Jong-ro, Seoul Station, and the sublime, which are located in the middle-gu Seoul Central District, and continued to move in four lanes in the direction of the progress. However, the evidence submitted by the prosecutor of the prosecution alone is insufficient to acknowledge the fact that the defendant was on a yearly basis, and there is no other evidence to acknowledge it.

Until 18:00, an assembly was held to interfere with vehicle traffic.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement in the status of 1 through 6 of the Resolutions;

1. A statement of a department notified related to 112 reported cases;

1. The description of the report on outdoor assembly;

1. Statement and image of traffic obstruction photographing time, display pictures and output; and

1. Images of each material of the assembly, demonstrationer's photograph, and the motion picture of the demonstrationer;

1. Application of each of the Acts and subordinate statutes described in the investigation report;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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