집회및시위에관한법률위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The participants in an assembly or demonstration shall not carry or use firearms, explosives, swords, iron bars, difficult bars, stones, or any other apparatus that may cause harm to the life or body of any other person.
Nevertheless, the Defendant: (a) established a plan to commit suicide during assembly; (b) purchased gasoline 4 liters in a gas station located in Jongno-gu Seoul Metropolitan Government, around February 25, 2017, in one oil tank; (c) purchased two water-flows and two bags in neighboring marina; and (d) put gasoline in a back two water-flows by dividing it into two water-flows.
Defendant continued to possess two and two strings including gasolines prepared as above, and took part in an assembly of the “National Assembly to dismiss impeachment” held by the President of the Republic of Korea, where there are approximately 12,00 participants gathering around around 14:00 on the same day, and the participants in approximately 12,000,000 in front of the Seoul Jung-gu, Jung-gu, Seoul.
Accordingly, the Defendant participated in the assembly and demonstration, carrying two water tanks and two strings, which contain gasoline, which is an apparatus that may threaten another person's life or may endanger another person's body.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement protocol with respect to D, E, F, G, and H;
1. Protocol and list of seizure;
1. Application of each statute on photographs;
1. Article 24 subparagraph 5 of the relevant Act and Articles 18 (2) and 16 (4) 1 of the Act on the elective Assembly and Demonstration against Criminal Facts (elective Selection of Imprisonment with prison labor);
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a person commits a misunderstanding, the fact that a person has no record of committing any crime other than a fine imposed for any crime specified in the preceding Chapter for a long time, and the fact that a person has extremely poor health conditions, such as the horse (4) and high blood pressure, and a fluence, etc.);
1. Article 48 (1) 1 of the Criminal Act to be confiscated;