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(영문) 서울중앙지방법원 2016.04.07 2016고정448
일반교통방해
Text

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

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

Reasons

Punishment of the crime

On May 1, 2015, the Korean Democratic Labor Union Federation (hereinafter referred to as the “Korean Labor Union Federation”) held the World Labor-Saving Workers Competition Act (hereinafter referred to as the “Labor-Savings”) at the Seoul Square located in Jung-gu Seoul, Jung-gu, Seoul, in which 20,00 members of the Korean Labor Union participate, and reported that two the Seoul Square-ro 2 of the Seoul Square by using two lanes in the direction of progress to the Seoul Square.

As a result, from May 1, 2015 to May 16:25, 2015, when approximately 22,00 members, etc. participated, the class 15:20 to around 16:25, the class 20,00 of the participants in the above assembly was driven by approximately 20,00 of the participants at the Seoul Squared using the front line in the direction of the passage from around 16:30 to around 16:30 of the same day, the class 2 of the participants was driven by the front line in the direction of the passage from around 16:48 of the same day, and approximately 5:50 of the class 17:37 of the same day went away from the route of the initial report at around 17:37 of the same day.

While participating in the above World Labor Relations Act on May 1, 2015, Defendant 5,500 participants from around 17:53 to around 19:00 of the same day, Defendant occupationed two lanes (six lanes) prior to each direction from Jongno-gu Seoul Metropolitan Government Jongno-ro 1 to the fair route.

Accordingly, the Defendant conspiredd with approximately 5,50 participants in the assembly and interfered with the traffic of the land.

Summary of Evidence

1. Partial statement of the defendant;

1. Data on the photograph of an offender, a copy of the report on outdoor assembly, the degree of escape from the active route, and the photograph and output of the photograph;

1. Application of Acts and subordinate statutes to investigation reports ( analysis of situation reports) and assembly flow photographs;

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

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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