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(영문) 울산지방법원 2014.11.06 2012고정531

집회및시위에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the charge of non-compliance with the dispersion order is acquitted.

Reasons

Criminal facts

The defendant is the Director General of the Policy Bureau of the U.S. political party.

No person shall conduct outdoor demonstration before sunrise or after sunset.

E from July 18:00 to 15:30 of the following day, from July 9, 201, 7,000 persons were attended and proceeded in front of the water source near the Busan East-dong Busan-dong Busan-do and the Youngdo-si Ships.

At around 21:20 on July 9, 201, the number of 7,00 participants present in the above E started in the front of the Seocho-dong Busan-dong Busan-dong Busan-gu Busan-do, and run approximately 3.3 km in front of the water source located in the front of the water source located at a 250-meter radius from the Seocho-do-dong Seocho-do-dong, Youngdo-dong, Seodo-dong, Seodo-dong, Seoul-do-dong, and tried to proceed with the activities by the police by not later than 15:30 on the next day from the water source before the water source, and by not later than 15:30 on the day after the water source, the police installed a wall to prevent the progress of the road.

Defendant

In addition, after the participation in the above demonstration, it has been promoted.

7. From around 00:00 on October 10

7. 10. 03:00, at night, participated in the prohibited outdoor demonstration.

Summary of Evidence

1. The defendant's partial statement in court (the purport that the defendant has participated in the aforementioned demonstration);

1. Application of statutes on investigation reports;

1. Article 23 of the Act relevant to the facts constituting an offense, and Articles 23 subparagraph 3 and 10 of the Act on the elective Assembly and Demonstration of Punishment, and fine;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of the inducement in a workhouse, 50,000 won a day);

1. The summary of the charge of innocence under Article 59(1) of the Criminal Act (the suspended sentence: a fine of 300,000 won; a fine of 300,000 won among the facts charged; a considerable portion of the facts charged is found innocent; a person who participates in the demonstration, including the defendant, wishes not to be punished; a first offender; and a circumstance that may be considered in the course of the defendant's participation in the crime exists);

1. The Defendant who participated in an outdoor demonstration at night is guilty of the crime from around 18:00 of July 19, 201 to 24:00 of the same day.