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(영문) 서울중앙지방법원 2014.04.25 2014고정695

집회및시위에관한법률위반등

Text

Defendant

A, B, and C shall be punished by each fine of KRW 500,000,00,000,000,000 for each fine of KRW 1 million.

The defendants are the defendants.

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 “packers f.p. f. removal f. k. k. k. k.” and created a relief such as “p. d. d. d. d. d. d. d. d. d. d. 8, 2013.”

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 rejected the dispersion order.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to G, H and I;

1. Application of Acts and subordinate statutes to report on the situation, investigation report (convening video-dissolvement order), investigation report (influence photographs by suspect), investigation report (influence of assembly point guidance);

1. Defendants of relevant legal provisions on criminal facts: Articles 185 and 30 of the Criminal Act (the point of general traffic obstruction), Articles 24 subparag. 5 and 20(2) and 20(1)2 of the Assembly and Demonstration Act, Article 30 of the Criminal Act (the point of non-compliance with the order of dissolution) and the selection of each fine;

1. Defendants from among concurrent crimes: former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the total amount of each of the crimes above is aggregated);

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act