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(영문) 서울중앙지방법원 2016.02.17 2015고단6376

집회및시위에관한법률위반

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

D is the secretary general of the “E organization”, and the defendant is the representative of the F organization.

A person who intends to hold an outdoor assembly or demonstration shall submit a report on it to the head of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly or demonstration.

Nevertheless, at around 15:40 on July 4, 2015, Defendant and D did not report to the head of the competent police station in front of the U.S. Embassy in the Republic of Korea located in 188 according to the Category C of Jongno-gu Seoul Metropolitan Government, and without reporting to the head of the competent police station in front of the Embassy of the United States of America.

“Flag” with the content of banner(250 cm wide, 100 cm wide, 250 cm wide) , and “HAD forced TRAD to bring in the BHAD” with the content of “flab” away from this land.

In order to hold an outdoor assembly, i.e., printed matter (f., width 21cm, length 10cm) and 130 in the declaration of strike, which read “worker and ordinary people who died,” and “U.S. military with a shot and f.m. with a shot,” and opened an outdoor assembly, such as gathering relief.

Accordingly, the defendant and D conspired to hold an outdoor assembly.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Police seizure records;

1. Application of Acts and subordinate statutes, such as Internet bulletin, flass card, and leaflet;

1. Article 22 (2) and Article 6 (1) of the Act on the elective Assembly and Demonstration regarding the crime, Article 30 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;