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(영문) 서울중앙지방법원 2015.02.13 2014노4726
집회및시위에관한법률위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts and misunderstanding of legal principles should be deemed as a crime of infringement. In this case, Defendant’s act did not affect the occurrence of traffic obstruction, and thus, the causal relationship cannot be recognized.

(2) The first instance sentence of unfair sentencing (one million won by fine) is too unreasonable.

(b)the first instance sentence of the inspection (unfair form) is too unfeasible;

2. Determination

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the purpose of the general traffic obstruction under Article 185 of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass by causing damage to or infusing land, road, etc. or interfering with traffic by other means (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). Moreover, the general traffic obstruction is an abstract dangerous crime, which is impossible or remarkably difficult to pass as a traffic offense, and the result of traffic obstruction should not be practically caused.

(1) In light of the aforementioned legal principles, the Defendant’s participation in each assembly or demonstration of this case, thereby making it impossible or significantly difficult to pass the road due to the fact that the Defendant, at the time of the assembly or demonstration of this case, moved along the lanes with other participants in this case, by leading up to the situation, location and progress of each assembly or demonstration of this case, the number of participants, etc., and the progress of each assembly or demonstration of this case as indicated in the evidence duly adopted and examined by the first instance court in light of the above legal principles. In light of the circumstances and location of each assembly or demonstration of this case, the number of participants, etc., and the circumstances and location of each assembly or demonstration of this case, the Defendant was arrested as the flagrant offender following the scene of each assembly or demonstration of this case.

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