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(영문) 서울서부지방법원 2017.11.09 2017고정309

집회및시위에관한법률위반

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

A person who intends to hold an outdoor assembly or demonstration 2017, 309 (Defendant A) shall submit a report stating all the matters concerning the assembly, such as the purpose, date, time, and place thereof, organizer, organization and personnel scheduled to participate, and the details and method of the demonstration, to the head of the competent police station from 720 hours to 48 hours prior to commencement of the outdoor assembly or demonstration.

Nevertheless, the Defendant, from around 19:05 on November 30, 2015 to around 21:30 on the same day, in India in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, from around 19:05 to around 21:30 on the same day, held a conference demanding the release of house owners of the F church G arrested who was arrested under suspicion of interference with the performance of official duties on November 28, 2015, on the pretext of holding a meeting, such as “the demand for the release of house owners of the F church, which was arrested by the Defendant without reporting the assembly,” and “the demand for the release of house owners of the H government and the G house companies” using micro and spackers, etc., with approximately 30 cards stating “the demand for the release of house owners” and “the demand for the release of the association’s free assembly, such as the suppression of violence against the police force against the freedom of assembly, suppression of murder, and the suppression and suppression of the people.”

On November 28, 2015, the Defendant, as a pastor of F church, tried to hold a meeting demanding the release of house owners of F church G of F church arrested in the act of interfering with official duties on November 28, 2015.

A person who hosts an outdoor assembly or demonstration shall submit to the competent police station a report on an assembly stating all matters concerning the assembly, such as the purpose, date, time, and place of the assembly, organizer, organization scheduled to participate, the number of persons, the details and method of the demonstration, etc. from 720 hours to 48 hours before commencing the outdoor assembly or demonstration.

Nevertheless, the Defendant, from around 16:05 on December 1, 2015 to 17:40 on the same day, is Seoul Seodaemun-gu.