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(영문) 부산지방법원 2018.08.22 2018고정88

집회및시위에관한법률위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On August 31, 2016, the Defendant submitted an outdoor assembly report to the Busan Regional Headquarters’s head of the organization, with the following contents: (a) on the name of assembly, “Crain, the opposition to privatization, (b) the release of a detained person under the suspension of the suppression of the carbon pressure in the air located in D; (c) the date and time of holding; (d) “F.”; (c) 20 places including delivery before the Busan Regional Police Agency; (d) the organizer’s “B Busan Headquarters”; and (e) the representative of the host organization.

Since then, B, including the Defendant, the Busan Regional Headquarters decided to hold an assembly in the form of a press dog for the purpose of identifying the police related to I death in the front of the 1001 Busan Regional Police Agency located in the city of Busan National Police Agency, as the center of H 13:00 in Busan National Police Agency.

The Defendant came into existence between H 12:45 and the Republic of Korea National Police Agency in front of the Busan Regional Police Agency, and had a line of public order established by the head of the Busan Coastal Police Station ( Polysate), and had a line of public order maintained by him/her as his/her hand and had a line of public order maintained by him/her without justifiable grounds, despite the police officer’s warning.

Summary of Evidence

1. Each legal statement of the witness J, K and L;

1. A protocol concerning the police and suspect examination of the accused by the prosecution;

1. Each police statement made to L, K, and J;

1. Unclaimed photographs of damaged polysates and warning, etc.;

1. Written estimate;

1. Investigation report (the sequence No. 13 through 15, 18, 20, 35 of the evidence list);

1. A notice to set up a line to maintain order;

1. The level of necessity for managing the assembly or demonstration;

1. A copy of a certified video recording DVD1;

1. Escopic images of a scopic video without an intelligent team;

1. Application of the Acts and subordinate statutes governing the destroyed polyssis photographs;

1. Article 24 subparagraph 3 of the relevant Act and Articles 24 and 13 (1) of the Act on the elective Assembly and Demonstration regarding the facts constituting an offense;

1. Articles 70 and 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;