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(영문) 서울중앙지방법원 2014.06.27 2014노1407

집회및시위에관한법률위반등

Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In relation to the point of general traffic obstruction, there is no fact that the Defendant occupied the front road in front of the park in Jongno-gu Seoul Metropolitan City on the date and time of the decision of the court below. 2) In relation to the violation of the Assembly and Demonstration Act, the Defendant’s demonstration as one person to the extent that it does not undermine the public peace and order may not constitute an offense.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too heavy.

2. Determination

A. 1) Determination of mistake of facts as to the issue of general traffic obstruction in the judgment of the court below, and the defendant admitted this part of the facts charged at the court below, as well as the evidence duly adopted and examined by the court below, the defendant's assertion of mistake of facts as to the violation of the Assembly and Demonstration Act is without merit. 2) According to the evidence duly adopted and examined by the court below, the defendant and D, who were subject to expulsion from the part of the C University, notified the illegality thereof on May 27, 2010 at the same time, shall be notified to the head office of the two Industrial Group, and the defendant cited one pocket book in front of the head office of the two Industrial Group, and D, which means three meters away from the defendant, and it can be recognized that approximately twenty-two-two-two-two-two-two-two-minute of the "sortain" as stated in the judgment of the court below.

In light of the relationship between the defendant and D, the motive, method, mode, place, etc. of the act of this case, the defendant and D are deemed to have jointly conducted a demonstration, not by one person, respectively.

In addition, the provisions that the Assembly and Demonstration Act requires a person who intends to hold an outdoor assembly or demonstration to report certain matters to the chief of the competent police station in advance by ascertaining the nature, size, etc. of the outdoor assembly or demonstration in advance by the report by the chief of the competent police station and protecting legitimate outdoor assembly or demonstration, while going through an outdoor assembly