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(영문) 서울중앙지방법원 2014.07.17 2014고정658

집회및시위에관한법률위반등

Text

Defendant

A, C, D, F, G, and H shall be punished by a fine of KRW 500,00,000, and Defendant B and E shall be punished by a fine of KRW 1,00,000.

Reasons

Punishment of the crime

On August 15, 2013, the Defendants were willing to occupy and hold a lane to urge the dissolution, etc. of the NIS in the vicinity of the shooting distance in Jongno-gu Seoul, Jongno-gu.

On August 15, 2013, with approximately 200 participants of other demonstration, the Defendants laid the clock stating the "I removal kk" from the clock of the clock in the middle of the clock as of August 13:25, 2013, and presented a relief such as "the clock of the clock of the clock."

Accordingly, the director of the security division ordered by the chief of the police station to voluntarily dissolve around 13:25 on the ground of the non-reported assembly and demonstration under Article 20(1) of the Assembly and Demonstration Act, 13:29 on the ground of road occupation, 13:29 on the first dispersion order, 13:32 on the second dispersion order, and 13:34 on the third dispersion order.

Nevertheless, at around 14:35 on the same day, the Defendants continued to occupy the roads among the three-distances without complying with the above dispersion order until all the Defendants are arrested, with approximately 200 participants in other demonstrations.

As a result, the Defendants conspired with about 200 participants in the demonstration and interfered with the traffic on the land and the dispersion order.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement on J, K, L, M, N,O, P, Q, R, T, U, and V;

1. A criminal investigation report (Attachment of a report on the status of information), a criminal investigation report (Attachment of photographs of the accused), a criminal investigation report (Attachment of photographs of the accused, such as the assembly site), and a criminal investigation report (a criminal investigation record No. 1099 pages

1. On-site map;

1. Application of Acts and subordinate statutes to skin photographs;

1. Defendants: Article 24 subparag. 5 of the Assembly and Demonstration Act, Article 20(2) and Article 20(1)2 of the same Act, Article 30 of the Criminal Act, Articles 185 and 30 of the Criminal Act, and the selection of fines for negligence

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2)1 of the Criminal Act.