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(영문) 서울중앙지방법원 2012.07.27 2012노1651

집회및시위에관한법률위반등

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The judgment of the first instance shall be reversed.

The sentence of sentence against the defendant shall be suspended.

Each of the facts charged in the instant case.

Reasons

1. We examine ex officio whether the three-time dispersion order issued at the time of the order was legitimate, prior to the judgment on the grounds of appeal by this court on the grounds of ex officio determination on the grounds of appeal by this court.

An outdoor assembly or demonstration that is not allowed to be held beyond the scope of protection of the Constitution shall not be readily concluded solely on the ground that the report as prescribed by the Assembly and Demonstration Act was not made.

Therefore, a dispersion order under the Assembly and Demonstration Act is allowed only in cases where the outdoor assembly or demonstration leads to a clear danger to the legal interests of others or public peace and order, and only if the outdoor assembly or demonstration refuses to comply with the dispersion order meeting such requirements, it can be punished.

(2) In light of the aforementioned legal principles, each of the instant assemblies is deemed to have been held in a manner that allows participants to participate in assemblies to view performances for three hours at the meeting of the participants, i.e., the meeting held on June 10, 2011, and held in a manner that allows participants to take a warning of the speaker’s remarks or creates a violence demonstration such as violence, violence, damage, etc. (see, e.g., Supreme Court en banc Decision 2010Do6388, Apr. 19, 201). In light of such legal principles, each of the instant assemblies was held in a manner that: (a) the public health room and the evidence duly adopted and investigated by the first instance court and the first instance court on whether the participants meet the requirements for the dispersion order that occurred at the time; and (b) the assembly was held in a audience that does not directly affect surrounding traffic; and (c) the assembly was installed in a part of a stage.