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(영문) 서울중앙지방법원 2016.10.26 2016고정1360

집회및시위에관한법률위반

Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A is the head of the public transportation labor union D area bus branch, and the defendant B is the head of the education and publicity department of the public transportation labor union D area bus branch.

From February 2013, the Defendants asserted the reinstatement of Defendant B, who was dismissed, to hold an assembly of the “GOU for the reinstatement” in front of the FOU in Seoul Special Metropolitan City-gu, Seoul Special Metropolitan City, and worked as a repair company in the FUU.D.

Defendant

B received the delegation from Defendant A, and held a meeting almost every day after reporting the meeting, and Defendant A attended the meeting site and hosted the meeting together with Defendant B.

The organizer of an assembly or demonstration may not generate any noise that causes serious harm to others by using a loudspeaker, etc. and that violates the standards set by Presidential Decree, and where the head of the competent police authority orders the maintenance of noise below the standards or the suspension of use of a loudspeaker, etc. or takes necessary measures, such as temporary storage of the loudspeaker, etc., such order shall not be violated or refuse or interfere

Nevertheless, the Defendants violated the noise maintenance order (the use order of the loudspeaker, etc.) below the standard by the chief of the competent police station in holding an assembly as above.

1. Defendant A and the Defendants: (a) conspired on March 4, 2015; (b) around 08:00 to 09:00 on or before the F garage located in Gwanak-gu in Seoul Special Metropolitan City; (c) in holding an assembly of the “PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP