집회및시위에관한법률위반
A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[criminal records] On October 14, 2016, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution due to interference with the performance of official duties at the Seoul Western District Court, and the said judgment became final and conclusive on April 21, 2017.
[Criminal facts] The Defendant is the chairman of the C non-emergency Countermeasure Committee.
The organizer of an assembly or demonstration shall not generate noise in contravention of the standards prescribed by Presidential Decree (in this case, it is an area other than residential area, school, general hospital, or public library; in case of week, 75dB in case of night, and 65dB in case of night) and may order the organizer of the assembly or demonstration to maintain noise below the said standards or suspend the use of loud, etc., or take necessary measures, such as temporary storage of loud, etc., if the organizer of the assembly or demonstration causes damage to others by generating noise exceeding the said standards.
1. On April 26, 2016, the Defendant committed the crime: (a) around 11:53 on April 26, 2016, on the street in front of the Mapo-gu Office located in Mapo-gu, Seoul, Mapo-gu, Seoul, 212, issued an order to maintain noise below the standard (hereinafter referred to as “order to maintain noise below the standard”) from the police around 12:10 on the same day, despite the Defendant’s occurrence of noise of 80dB exceeding 75dB, which is the daily noise standard, in hosting the assembly of “Resolution for Resolution for Resolution for Resolution against the Right to Compeachment,” which was issued by the police around 13:13 on the same day.
Accordingly, the Defendant, as the organizer of an assembly or demonstration, violated the order to maintain noise below the standard even if he received a noise order which generates noise exceeding the standard, which would inflict serious damage on others.
2. On August 22, 2016, the Defendant committed a crime on August 22, 2016, on the street in front of the Mapo-gu office around August 22, 2016, holding a meeting of “Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Concerning the Right to Life” and generated 81dB noise exceeding 65dB, which is a night noise standard, from the police around 20:30 on the same day.