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(영문) 서울중앙지방법원 2016.06.13 2015고정1594

집회및시위에관한법률위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the head of the Korean Metal Trade Union C Educational and Publicity Department under the Korean Democratic Trade Union's Federation.

Any person who intends to hold an outdoor assembly or demonstration shall submit to the head of the competent police station a report stating the purpose, time, place, organizer, contact manager, address and contact address of the person in charge of order maintenance, the organization scheduled to participate, and the method of demonstration scheduled to participate in the outdoor assembly or demonstration 48 hours prior to the outdoor assembly or demonstration.

Defendant 1 without filing a report, from March 18, 2014 to 15:05 on the same day, to March 18, 2014, and in front of the Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, Dong, and Dong,

Sheet 5 clocks, “Non minimum wage-handling Dok Dok,” “C Hak Dok Dok,” etc., containing two banners, etc., stating “C Dok Dok Dok Dok Dok Dok,” etc., and “Non Dok Dok Dok Dok.”

The Ministry of Trade, Industry and Energy organized the assembly by putting his body gate on front and rear, and by using microphones, such as “D shall stop off the voltage of old-age,” etc.

Therefore, in light of the contents and purport of the Assembly and Demonstration Act, the Defendant refers to a temporary gathering of a specific or unspecified number of people for the purpose of externally expressing an opinion by forming a common opinion, which is the object of guarantee and regulation under the above Act.

In addition, the purpose of the Assembly and Demonstration Act that requires the head of the competent police station to report a certain matter in advance to the head of the competent police station to hold an outdoor assembly or demonstration is to identify the nature and scale of outdoor assembly or demonstration by the report in advance and protect legitimate outdoor assembly or demonstration, and to infringe on the interests of others or communities through outdoor assembly or demonstration.