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(영문) 서울중앙지방법원 2015.05.15 2014노5194
일반교통방해등
Text

The judgment of the first instance is reversed.

Defendants shall be punished by a fine of KRW 300,000.

The above fines are imposed by the Defendants.

Reasons

1. Summary of grounds for appeal;

A. Violation of the principle of mistake of facts, incomplete deliberation, and trial of evidence (Defendant A) (the defendant A) merely sought a demonstration in India at the time and obstructed traffic and did not participate in the demonstration after self-determination.

B. In light of the legal principles, it cannot be deemed that there was a situation that makes it impossible or considerably difficult to communicate roads at the time of traffic, and there is no causal relationship between the Defendants’ act and the result of traffic obstruction.

C. The punishment of the first instance court (a fine of KRW 700,000) on the unreasonable sentencing (the defendants) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the first instance court as to Defendant A’s assertion of misunderstanding of facts, incomplete deliberation, and violation of the principle of trial on evidence, Defendant A may fully recognize the fact that Defendant A participated in the demonstration as stated in the judgment of the first instance court, thereby interfering with traffic on the land through an implied and orderly combination of other participants in the demonstration, and that he/she participated in the outdoor demonstration prohibited after self-determination.

① At around 22:00 on June 29, 2008, Defendant A was arrested on the top of the Clock Building in Jung-gu Seoul, Jung-gu, Seoul, on June 30, 2008, in front of the lock building, where he was arrested on the top of the lock Building, where he was in front of the new wall and the new wall was in front of his self-determination after being boomed with boom demonstration teams at the Young Pung Reading Library located in Jongno-gu, Seoul.

② At the time, demonstration teams conducted demonstration by means of occupying or driving a lane in the roadsides such as the paper roads and the passage of rescue, etc. in a mountain.

③ Defendant A was arrested in India, but the police at the time moved along the lane and delivery, and was arrested by putting the demonstration squad in front of the lock building located in the Jung-gu Seoul Central District Office 3, Jung-gu, Seoul.

Therefore, Defendant A’s assertion of mistake is without merit.

B. As to the Defendants’ assertion of misapprehension of the legal principles, the first instance court lawful.

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