집회및시위에관한법률위반
The defendant shall be innocent.
1. The summary of the facts charged in the instant case is the local agricultural assistant officials belonging to the Ulsan Agriculture and Fisheries Department, who are the head of the Ulsan Central Headquarters of the Federation of the National Democratic Trade Union (hereinafter “D”), and the head of the Ulsan National Assembly G, the representative of a political party in the progress of the reform of E, was aware that he visited Ulsan through the Ulsan Airport on March 11, 2015, and was willing to hold a non-reported assembly opposing E reform at the Ulsan Airport by mobilization of members belonging to the D Ulsan Central Headquarters.
A person who intends to hold an outdoor assembly or demonstration shall submit a report stating the purpose, date, time, place, organizer, etc. to the head of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly or demonstration.
Nevertheless, the Defendant did not report the assembly to the head of the competent police station on March 11, 2015; from around 16:30 to around 17:10, the Ulsan Airport located in the north-gu industry in Ulsan-gu to 1103; for the purpose of “E reform opposition,” 10 members, including the Defendant, wear a gate containing the phrase “H”; approximately three members, in front of the Ulsan Airport’s entrance and exit in the vicinity of the Ulsan Airport; approximately three persons are distributed to the front of the Ulsan Airport; and as approximately three persons are placed on the taxi platform of the Ulsan Airport entrance and exit of the Ulsan Airport; and the Defendant may hold an assembly by any other means than gathering the above G, namely, “D’s compliance report”.
Accordingly, the defendant did not report the assembly to the head of the competent police station, and held the assembly.
2. Determination:
A. Article 6(1) of the Act on Assembly and Demonstration on the Promotion of Assembly and Demonstration in and before the Ulsan Airport provides that “ Outdoor Assembly” means “an assembly held in or without a ceiling or all sides closed” under Article 2 subparag. 1 of the same Act.
A meeting is held in front of the entrance and exit in the Ulsan Airport where the defendant saw a clicket and got out of relief.