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(영문) 대법원 2016.04.12 2015도17709

집회및시위에관한법률위반등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the relevant legal principles and records, the demonstration of this case is prohibited.

It is difficult to see that the demonstration was held without reporting, and the demonstration of this case clearly resulted in a direct danger to the legal interests of others or public peace and order.

For the reason that it is not recognized that the order of dispersion against the instant demonstration cannot be punished as a violation of the Assembly and Demonstration Act (hereinafter “the Assembly Act”). Thus, it is justifiable to hold the Defendant not guilty of this part of the facts charged. Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to Article 20(1) of the Assembly and Demonstration Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.