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(영문) 부산지방법원 2013.09.26 2013고정3567

집회및시위에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. The defendant is the Director General of the Bno-S Busan Branch Office.

On December 27, 2011, from around 15:30 to 19:22, the Defendant organized “an assembly to call for the improvement of treatment in Busan City area B” in front of the main office of Busan City Office of Education located in 12, which was located in the area of Busan City Office of Education located in 101.8, located in the area of the assembly report, “Before the Busan City Office of Education,” which is the place of assembly report, from around 15:30 to 130 persons including Defendant.

Accordingly, the defendant held an assembly beyond clearly the scope of the reported place.

2. The Defendant was requested by the chief of the competent police station to make a conclusion declaration while holding an assembly as referred to in paragraph (1) at the time, date, and place specified in paragraph (1), but did not comply with such request, and did not dissolve even when he received orders for legitimate dissolution at least three times.

Summary of Evidence

1. Defendant's legal statement;

1. The assembly of "employment security promotion district" for workers B in Busan area;

1. Status of meetings of forced cancellation of position;

1. Photographs of the assembly site;

1. A report on an outdoor assembly;

1. Report of information status;

1. A criminal investigation report (attaching Articles agreed by the union and the Office of Education);

1. Investigation report (the distance between the reported place and the place where the actual assembly is held);

1. Application of Acts and subordinate statutes to investigation reports (as to requests for dissolution, time of order, and actual order makers);

1. Article 22 (3) and Article 16 (4) 3 of the Act on the Election of Criminal Crimes, Articles 22 (3) and 16 (4) 3 (the point of escape from the scope of report), subparagraph 5 of Article 24, Article 20 (2) and Article 20 (1) 5, and Article 16 (4) 3 (the point of non-compliance with the order of dissolution) of the Assembly and Demonstration Act, and the choice of fines

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 and 69 (2) (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (i.e., the first offender, the subsequent Office of Education, and the agenda for assembly) of the suspended sentence;