beta
(영문) 서울북부지방법원 2014.03.24 2014고정536

집회및시위에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 29, 2013, at around 22:10, the Defendant participated in an unreported assembly, such as leaving in front of an assembly broadcast vehicle at an open meeting, which is a matter of reinstatement of B dismissed person, in front of the Seoul Northern Police Station, and preventing the towing of vehicles.

The Seoul Southern-gu Chief of the Police Station ordered the guard and the head of the police station to issue the first dispersion order, 22:362 on the same day, 22:36 on the same day, 22:42, 22:54, 23:105, 23:105, and 23:196 on the same day on the grounds of illegal non-reported assemblies, etc.

Although all participants in an assembly who received such a dispersion order must be dissolved without delay, the Defendant continued to participate in the assembly and refused to comply with the dispersion order by not later than 00:30 the following day.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to information situation data, assembly reading status, and documentary evidence collection data;

1. Article 24 subparagraph 5 of the Act on the elective Assembly and Demonstration Concerning Criminal Facts and Articles 20 (2) and 20 (2) of the same Act;

1. Articles 70 and 69 (2) of the Criminal Act (the conversion of 50,000 won into one day) of the Criminal Act for the detention in a workhouse;

1. Article 59 (1) of the Criminal Act (including the punishment to be suspended: 500,000 won, and the fact that no criminal record exists and a criminal fact is recognized, and is against the law) of the suspended sentence;