집회및시위에관한법률위반
[Defendant A]
1. The defendant shall be punished by a fine of one million won;
2. When the defendant does not pay the above fine;
. A person who intends to hold an outdoor assembly or demonstration in a criminal history room (Defendant A) shall submit a report thereon to the chief of the competent police station from 720 hours to 48 hours prior to commencement of the outdoor assembly or demonstration;
On June 13, 2015, the Defendant conspired with D, and the Defendant did not report to the head of the competent police station on the street in front of the Seoul Jongno-gu Seoul, on June 13, 2015, and did not report to the head of the competent police station on a banner (a 300 cm, length 100 cm, length 100 cm) containing the following: “C (hereinafter “C”)’s joint representative, D’s member, and D’s member, and the Defendant did not report to the head of the competent police station on the street in front of the Republic of Korea located in Jongno-gu Seoul, Jongno-gu, Seoul; and (b) carried out an outdoor assembly, such as “Iskin-in of carbon germs, THAD (TAD),” and “Iskin-in of 138 marbaco, shot-do with the low carbon regime,” and holding the “Iskin-do and Jin-do,” thereby holding the outdoor assembly.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to H, I, and J;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes to investigation reports (related to the reading of evidentiary materials), investigation reports (c site search and video, etc. of unreported assemblies);
1. Article 22 (2) and Article 6 (1) of the Act on the elective Assembly and Demonstration against Criminal Facts, Article 30 of the Criminal Act, and Article 30 of the same Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 48 (1) of the Criminal Act of confiscation;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in protecting legitimate outdoor assemblies or demonstrations and preparing prior measures to maintain public peace and order. Thus, there is a need to observe the prior reporting system for outdoor assemblies. Nevertheless, considering the fact that the Defendant was holding an outdoor assembly without filing a prior report, the prior reporting system for the outdoor assembly is considered as an unfavorable circumstance, such as the number of participants in the assembly of this case, the method and method of the assembly, and the duration of the assembly.