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(영문) 서울중앙지방법원 2016.10.20 2015고단5032

집회및시위에관한법률위반

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. From August 30, 2014 to August 17:15, 2014, the summary of the facts charged: (a) from around 17:8 to around 1,000 members, citizens, etc. of the aforementioned participating organizations at the Jongno-ro 3-ro, Jongno-gu, Jongno-gu, Seoul, 1-8, the Korean National Countermeasure Committee (C) held a “Saeong Culture E” as a society of D Party E; (b) held a relief task, such as “The President is responsible” in the situation where around 17:45 the participants are around 2,00 persons, and (c) continued to engage in the act of maintaining the order of police officers, etc. by attempting to make a report to the right-hand side of the Sejong-gu, Seoul (KT Building in the Gyeongmunmun-gu, dong-gu, Seoul, and tried to divide to the right-hand side of the police square.

Accordingly, the head of the Sejong Police Station guard division delegated by the head of the Seoul Sejong Police Station requested voluntary dispersion at around 17:46 on the same day on the grounds of the unreported assembly, etc. At around 17:51, the first dispersion order at around 18:04, the second dispersion order at around 18:09, the third dispersion order at around 18:24, and the fourth dispersion order at around 18:24 on the same day. However, the participants of the assembly did not immediately dissolve at around 19:40 on the same day, and around 19:40 on the same day, around 30, around 100, 100, 50 persons continued to participate in the assembly and demonstration at the above two places by 22:0 on the same day.

After attending the reported assembly, the Defendant refused to comply with the legitimate dispersion order issued by the head of the competent police station on August 30, 2014 at the Seoul Guro Police Station guard and the head of the competent police station around August 17:46 of the same day, around 17:51 of the same day, the first dispersion order at around 18:04 of the same day, the second dispersion order at around 18:09 of the same day, the third dispersion order at around 18:09 of the same day, and the fourth dispersion order at around 18:24 of the same day.

2. Determination

(a) An assembly or demonstration;