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(영문) 서울중앙지방법원 2015.01.23 2014노3756
도로교통법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Assembly and Demonstration Act on June 21, 2013 against the Defendants, the Defendants merely participated in the press conference, and thus, the Defendants are not deemed to have been sitting or standing on the road after the press conference.

Even if the above press conference constitutes an assembly, it cannot be deemed that the direct risk of others’ legal interests or public peace and order was clearly infringed, and thus, the legitimacy of the assembly without reporting was not satisfied. Since the Defendants were dissolved without delay after the dispersion order, it does not constitute a crime of violation of the Assembly and Demonstration Act against the Defendants.

Second, with respect to the violation of the Road Traffic Act of June 21, 2013 against the Defendants, even if the Defendants are sitting, standing or standing on the road alone, the crime of violation of the Road Traffic Act is not established, even if they do not constitute the crime of violation of the Road Traffic Act.

Even if it causes some damages that can be accepted by social norms, it is only a case of causing damages, and its illegality is excluded as a legitimate act.

Third, as to Defendant E’s violation of the Assembly and Demonstration Act and the obstruction of general traffic on August 15, 2013, it cannot be deemed that there was a legitimate dispersion order, and thus, the crime of violation of the Assembly and Demonstration Act is not established, and there was no intention to interfere with general traffic, and the crime of interference with general traffic is established.

Even if it causes some damages that can be accepted by social norms, it is only a justifiable act.

B. Each sentencing of the first instance court on the Defendants (the Defendant E’s fine of KRW 700,00,000, and the remaining Defendants’ fine of KRW 300,000) is too unreasonable.

2. Determination

A. (i) As to the assertion of mistake of facts or misapprehension of legal principles, the Defendants’ violation of the Assembly and Demonstration Act on June 21, 2013.

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