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(영문) 대구지방법원 2017.05.31 2016고정2532

집회및시위에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the Secretary General of the Daegu North Korean Headquarters of the C Committee.

A person who intends to hold an outdoor assembly or demonstration shall file a report with the head of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly or demonstration.

Nevertheless, on March 21, 2016, from around 10:35 to 10:54 the same day, the Defendant did not report an assembly, and, in front of the Daegu City of Party E located in Daegu Si of the Daegu Si of the Republic of Korea in Daegu, the Defendant: (a) requested 30 members, etc. of the "FFFFFFFFFFFF" to adopt a legitimate commitment for the invalidation of the agreement and the renegotiation; (b) one banner stating the "FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFD.".

Accordingly, the defendant did not report the outdoor assembly to the head of the competent police station, and held the assembly.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Documents concerning field photographs and dogs;

1. A report on an outdoor assembly;

1. The defendant and his defense counsel asserted that, at the time, the above gathering of society is merely a "route meeting" and does not constitute an "route" under the Assembly and Demonstration Act, and even if "family assembly" was known to have been completed, the defendant is not aware that the report of assembly was already made. Thus, the facts charged in this case cannot be acknowledged.

(1) “Assembly” subject to guarantee and regulation under the Assembly and Demonstration Act is jointly carried out by a specific or unspecified number of people.