집회및시위에관한법률위반
A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On March 2, 2015, the Defendant reported an outdoor assembly with the purport that “The Defendant shall hold an assembly in which the members of the Red Culture Association and the Hongsung-gun participate in for the purpose of candlelighting against the victims of the Sewol ferry sinking accident and cultural performance at the uniform parking lot located in the Hongsung-gun Hong-gun, Hongsung-gun, Hongsung-gun, from around 00:0 to around 23:59 of the same month, from March 4, 2015, the Defendant reported that “The Defendant is the organizer, and from around 0:0 to 23:59 of the same month.”
Despite the fact that the organizer of an assembly or demonstration was prohibited from doing any act clearly deviating from the scope of the reported purpose, date, time, place, method, etc., the organizer violated the rules of compliance with the organizer by holding an assembly for about 10 minutes in front of the main official of the Hongsung-gun Office, the place where the assembly was reported, with 20 participants at the assembly and 20 meters away from the above 264 meters.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement of C or D;
1. Application of Acts and subordinate statutes to notify documentary evidence;
1. Article 22 (3) and Article 16 (4) 3 of the Act on the Assembly and Demonstration relating to the relevant criminal facts and the elective Assembly of Punishment and Demonstration;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The summary of the argument on the argument of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act was dissolved as stated in the judgment, and the Defendant was transferred to the Hongsung-gun with some participants who have a complaint to the removal of banner, and did not continue the assembly beyond the scope of the reported place.
Judgment
In light of the purport of the Assembly and Demonstration Act’s establishment of a reporting system, whether an outdoor assembly or demonstration actually held constitutes “an act clearly deviating from the scope of the reported purpose, date, time, place, method, etc.” under Article 16(4)3 of the same Act shall clearly deviate from the scope expected by the report.