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(영문) 부산지방법원 2018.05.18 2015노3895

일반교통방해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) On June 12, 201, as of June 12, 201, Defendant 1 entered the violation of the Punishment of Violences, etc. (joint residential intrusion) due to the intrusion into H shipbuilding yard (the first L) with the entrance into the H shipbuilding yard, or entered the structure with no person who is prohibited from the company’s side. Thus, it cannot be deemed that the Defendant’s entry into the structure.

B) On July 9, 2011, the violation of the Assembly and Demonstration Act (hereinafter “the Act”) due to non-compliance with the dispersion order (2 L) related to ① The reduction of the director of the X expenditure division of Seoul office Y on July 9, 201 and the reason for dissolution ordered on July 9, 201, are inconsistent with the facts charged in this part, and there was a legitimate dispersion order.

Therefore, even if the defendant was not dissolved, the crime of violation of the Assembly and Demonstration Act due to the failure to comply with the dispersion order is not established.

② Since the Constitutional Court’s decision of unconstitutionality regarding the prohibition of outdoor demonstrations before 24:00 was made, the warning of dissolution and the demand for voluntary dispersion or orders before and after the said decision is null and void, and the outdoor demonstration before and after the absolute time of sunset cannot be subject to Article 6(1) of the Assembly and Demonstration Act. Thus, the dispersion order based on the failure to report is unreasonable.

In addition, an order of dispersion against a demonstration that takes place 24:00 may be issued only when the demonstration clearly poses a direct threat to social security and order or to the peace of citizens. On the date stated in this part of the facts charged, the above requirements of the order of dispersion have been met.

There is no circumstance to consider.

C) On July 30, 201 and July 31, 2011, each violation of the Assembly and Demonstration Act due to holding a non-reported assembly (third L L) on July 31, 201, the act in front of the Busan National Police Agency cannot be deemed as an assembly or demonstration on July 31, 201, and (2) even if not, it is not so.

Even if the third L Demonstration is conducted by citizens' voluntary solidarity, the defendant is simple of the third L Demonstration.