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(영문) 서울중앙지방법원 2012.05.17 2012고정1107

집회및시위에관한법률위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1.6. 10. The Defendant participated in the “an assembly for reducing the registration fee” which was not reported by B from June 10, 201 to June 22:35, 201, along with 4,00 members, etc. belonging to the “B organization” (hereinafter referred to as “B”), including the members, etc. of the organization B, to the “B organization”.

Thus, the director of the same police station, who was authorized by the chief of the police station, requested the dissolution of himself on the ground of the unreported assembly. However, although the participants in the assembly failed to comply with the request for voluntary dispersion, the participants, including the defendant, did not immediately dissolve even though the first dispersion order at around 21:35 on the same day, the second dispersion order at around 21:54, and the third dispersion order at around 22:07, respectively.

Accordingly, the defendant did not comply with the dispersion order.

2. 8. 12. The Defendant participated in the “an assembly for reduction of the registration fee” which was not reported by B from August 12, 201 to August 19:25, 201, together with 400 members, etc., of the Defendant, including the members, etc. of the organization B, to August 12, 201.

Therefore, even though the chief of the police station, who was authorized by the chief of the police station, requested the dissolution of himself/herself on the ground of a non-reported assembly, the participants, including the Defendant, did not immediately dissolve, even though he/she received the first dispersion order at around 21:00 on the same day, the second dispersion order at around 21:05, and the third dispersion order at around 21:15, respectively.

Accordingly, the defendant did not comply with the dispersion order.

3. The point of violation of the Assembly and Demonstration Act on August 15, 200

A. In general traffic obstruction, the Defendant participated in the “National Assembly for the purpose of independence, peace, and unification of 66 weeks,” which was not reported with 3,500 members, including members, etc. belonging to the “B organization,” and was in the middle-gu Seoul metropolitan area from around 11:00 on August 15, 201 to 13:00.