beta
청주지방법원 2018.01.18 2017고단542

집회및시위에관한법률위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a Grade 6 public official belonging to D agency and is the head of the Korean Public Official Workers' Union E.

The Defendant was not guilty of receiving money or valuables from companies in the past jurisdiction by FF media companies.

G Council report was submitted to the J Police Station on August 10, 2016 to the effect that “I shall hold an assembly at a point 100 meters of delivery in front of the K 15:15 of the date or L 24:00 M of the date or L 15:15 of the date or L 24:00 of the date or L 24:00 of the date, or at a point 100 meters of delivery for viewing.”

Nevertheless, at around 10:30 L. date, the Defendant: “S. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F., a bribe B. F. F. F. F. F.,” and “n.e., threat of public conflict against a bribe b.b.

Doz. Doz.

Around 10:40, the F press company entered a second floor market room and entered a second floor room with other participants in the assembly with the 10-minutes belonging to other national government officials' trade unions, where the 70% of the fund raised by Do residents is anywhere.” At around 10:40, there was approximately 10 minutes of the 10-minutes in front of the second floor market room of the M organization, together with other participants who participated in the assembly with the 10-minutes belonging to other national government officials' trade unions, including “the 70% of the fund raised by Do residents.”

Accordingly, the Defendant violated the code of practice as the organizer to maintain order in the assembly or demonstration by doing an act clearly deviating from the scope of the reported place.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of Qu, R and S;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police to Q Q;

1. Evidentiary materials;

1. Copy of the report on outdoor assembly;

1. Application of Acts and subordinate statutes to investigation reports (verification of the location of participants who participated in the assembly before the current status of theM organization);

1. Article 22 (3) and Article 16 (4) 3 (Selection of Penalty) of the Act on the elective Assembly and Demonstration against Criminal Facts;

1. Article 70 of the Criminal Act to attract a workhouse.