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(영문) 제주지방법원 2018.03.16 2016고단1914
일반교통방해
Text

The defendant shall be innocent.

Reasons

1. On September 22, 2015, the facts charged No. B (hereinafter “B”) issued a “C Ma” declaration with the title “E” and declared the “F date G” with the aim of participating in the name of 100,000 people, while establishing “C (Joint Representative D)” composed of 53 citizens and social organizations.

C took place a photograph meeting at the Seoul Square, etc. located in 1 A, the Seoul, Jung-gu, Seoul, Seoul, with the total sum of five F dates, and planned to proceed with the “H” of the Assembly by gathering it in light of the 16:00 square on the same day, and carried out a preliminary assembly by sector in accordance with each prior plan.

After that, the total number of 68,000 participants in the assembly participating in the prior assembly of each sector conflicts with the police who restrains the participants on the ground that they were able to go to the e-mail square by moving into the e-mail-ro, Jung-gu, Seoul at around 16:40 on the same day while moving into the e-mail-ro, Jung-gu, Seoul and moving into the e-mail-ro, the first day of the assembly.

The Defendant, along with the participants in the assembly, occupied the two-way lanes from around 20:23 to 20:32 of the same day, by going out the relief on the road of the Gu office in front of the Gu office in Jongno-gu Seoul, Jongno-gu, Seoul.

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

2. In light of Article 6(1) of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) and its legislative intent, where an assembly or demonstration is conducted on the road after completing a legitimate report, the traffic of the road may be limited to a certain extent.

Therefore, if an assembly or demonstration is conducted within the reported scope or is conducted differently from the reported contents, the reported scope is not considerably deviating from the reported scope, resulting in the interference of traffic on the road.

Even if there are no special circumstances, it cannot be deemed that a crime of interference with general traffic under Article 185 of the Criminal Act is established.

However, the Assembly or Demonstration Act is remarkably deviating from the scope of the original report.

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