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(영문) 수원지방법원 안양지원 2017.09.08 2017고단681

집회및시위에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than three 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.

Reasons

Punishment of the crime

The Defendant is a member of a democratic union D branch of public transportation labor unions and cargo jointly and severally, who participated in the refusal of transportation of cargo from October 10, 2016.

No person who participates in an assembly or demonstration shall engage in any conduct disturbing order by means of violence, intimidation, damage, fire prevention, etc.

Nevertheless, on October 11, 2016, the Defendant: (a) opened a driver’s seat window and discovered a 19 tons of e-operation car truck in operation while participating in an assembly that is urged to enter a crosswalk and refuse to transport at the street in front of the IC in front of the 15:40 on the 11. 15:40 on the street; (b) discovered the e-operation F treatment of 19 tons of the e-operation while driving; and (c) removed the Da from the e-mail while cutting off the e-mail and cutting off the e-mail after cutting off the e tobacco from the e-mail to the e-mail; and (c) destroyed it by moving the e-mail to the front part of the said truck, and by removing the vehicle number plate by hand.

Accordingly, the defendant, as a participant in the assembly, committed an act that disturbs the order by assault, damage, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing vehicle number plates, such as black stuffs and photographs;

1. Article 24 subparagraph 5 of the relevant Act and Articles 18 (2) and 16 (4) 2 of the Act on the elective Assembly and Demonstration against Criminal Facts (elective Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Consideration of circumstances, such as the fact that the defendant recognizes the defendant as a substitute for the crime and reflects the defendant, that E does not want the punishment of the defendant, that the defendant has no criminal record of imprisonment without prison labor or any heavier punishment, and that his father and wife has recently suffered serious injury due