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(영문) 대구지방법원 2016.10.14 2015노5125 (1)

집회및시위에관한법률위반

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not hold a meeting only when he did the reporter conference at the time of the instant case.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The Prosecutor’s sentence of a fine of KRW 300,000,000 imposed by the lower court against the Defendant is too unfortunate and unfair.

2. Determination

A. The Defendant alleged that the Defendant’s assertion of mistake of facts was similar to the grounds of appeal in the lower court. Accordingly, the lower court rejected the Defendant’s allegation in detail, and subsequently found the Defendant guilty of the facts charged in the instant case.

In light of the records of this case, a thorough examination of the evidence duly adopted and examined by the court below in light of the records of this case, the court below's finding the defendant guilty of the facts charged of this case for the reasons stated in its holding is just and acceptable, and there is no error of law by misunderstanding facts and affecting the conclusion of the judgment.

Defendant’s assertion is without merit.

B. We examine the prosecutor's argument of unfair sentencing regarding the prosecutor's assertion of unfair sentencing, the defendant denies the facts charged of this case, the defendant had a history of criminal punishment on several occasions, including a suspended sentence once, etc., but on the other hand, it seems that the degree of damage caused by the crime of this case is not significant. Considering the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., the court below's sentence against the defendant is too unjustifiable, and the prosecutor's argument is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and Article 364 of the Criminal Procedure Act is not reasonable.