집회및시위에관한법률위반등
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. On August 10, 201, in the judgment of the court below, an assembly before the third sentence of the Daejeon Preliminary is not organized by the defendant, but only a strike for participation in the assembly.
In addition, the roads that were moved after the above assembly are roads around military units where there are almost no human and vehicle moving, and the defendant's moving of the roads along with the demonstration stand to interfere with traffic.
B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined in the lower court’s judgment as to the assertion of mistake of facts, and each field photograph attached to the investigation report (such as the evidence evidence duly adopted and examined by the lower court’s judgment and the evidence evidence evidence evidence evidence and information situation report, etc. on August 10, 201), the fact that the Defendant, the head of the group, conducted a joint examination for the unification of the F organization and Q&C jointly with the Defendant on August 10, 201, constitutes an assembly of August 10, 201.
In addition, according to the evidence of the court below, it can be recognized that the demonstration cost in which the defendant was under the jurisdiction of the court below moved to the door of the road across the four-lanes (two-lanes each two-lanes along the central line) and two-lanes are moved to the road, and the vehicle using the road at the time has to proceed beyond the central line or remain behind one-lane. Thus, it can be sufficiently recognized that the traffic has been significantly obstructed, such as traffic safety is threatened, due to the moving of the demonstration zone in which the defendant was under the jurisdiction, by moving to the road.
Therefore, the defendant's above mistake of facts is without merit.
B. The Defendant violated the code of practice as the organizer or participant of the assembly repeatedly at five meetings without consideration on the assertion of unfair sentencing.