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(영문) 서울중앙지방법원 2016.09.29 2016고정2163
일반교통방해
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant participated in the “National Workers’ Competition,” held by the Head of the Korean Democratic Labor Union (D; hereinafter referred to as the “National Workers’ Labor Union”) at the Seoul Square from November 14, 2015 to November 16:30 of the same day.

The above assembly was a prior assembly of the “labor” sector among the public assemblies planned by the headquarters for the strike for the general public (E), which was launched by the initiative of the president of the labor group.

The total of 66,00 people who participated in each sector's prior assembly, including the above "National Workers' Competition", had entered into a luminous square with a view to moving into the luminous square without occupying the world as a type, paper, etc., when each prior assembly is completed under the name that "the 'the 'the 'the 'the 'the 'public' competition' will run at each sector' in the luminous square.

After the completion of the above "Korean Workers Competition", the Defendant 1, who was driven in the luminous square as above with the participants in the assembly, was occupying the lane prior to the Jongno-gu Seoul Metropolitanro (Wang 10 lanes), along with many participants in the assembly by suffering a white letter from around 17:16 to 20:30 on the same day.

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

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. An investigation report (in addition to the cases of a private-public competition);

1. Investigation report (to attach data on the situation of the competition among the public);

1. Application of Acts and subordinate statutes to a report on investigation (a photograph of the accused occupying the road);

1. Relevant Article of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the crime. Article 185 of the same Act concerning the selection of punishment (Optional to Penalty);

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

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

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