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(영문) 제주지방법원 2018.01.16 2017고단830
일반교통방해
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is a member of the Democratic Nowon-gu Headquarters.

On September 22, 2015, the Korean Democratic Trade Union Federation (B; hereinafter referred to as the “Private Union Federation”) launched the “Civil War Headquarters (C) for the General Stoption of the People’s Republic of Korea,” consisting of 53 citizens and social organizations, and announced the “Popport Declaration of the Republic of Korea Headquarters for the General Stoption of the People’s Republic of Korea, i.e., e., f., Gaz and Gaz, as Gaz., Gaz. and Gaz., Gaz. and Gaz., Ga., Ga.,” and declared the “Popport of November 14, 2015,” aimed at the participation of 100,000 people.

On November 14, 2015, the president of the headquarters for the strike of the general public started a prior assembly in Seoul, which is located in 1A, Jung-gu, Seoul, Jung-gu, Seoul, with a total of five sectors on November 14, 2015. On the same day, the headquarters planned to proceed with the “the total substitute competition among the peoples on the world following the head of the D regime who retired from the political power and carried out a prior assembly by sector in accordance with each prior plan.

After that, the total number of 68,00 people who participated in the assembly in each sector's prior assembly was in conflict with the police who was prevented on the ground that the 68,00 people who moved into the e-mail square in Seoul, Jung-gu, Seoul, while moving into the e-mail of the front line at the 16:40 on the same day.

In addition to the above participants, from November 14, 2015 to November 17:00 of the same day, the Defendant was driving ahead of the two directions in the roads in front of the Seoul Jongno-gu Seoul Jongno-gu and the Seoul Jongno-gu Postal Authority.

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

2. Determination

A. In light of the legal principles as to the establishment of a crime of interference with general traffic, and the legislative purport thereof, Article 6(1) of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) and Article 6(1) of the Assembly and Demonstration Act, where an assembly or demonstration is conducted on the road after completion of lawful reports, the traffic of the road may be restricted to a certain extent. Thus, the assembly or demonstration was conducted or reported within the scope of the report.

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