일반교통방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. The Defendant’s submission period for the grounds of appeal and the Defendant, on May 1, 2012, did not submit the written notification of the receipt of the trial records within 20 days from the submission period for the grounds of appeal while being lawfully served by this court, and there was no statement in the petition of appeal filed by the said Defendant.
(However, there is only the grounds for appeal filed on May 22, 2012, where the above period has lapsed. 2. The summary of the grounds for appeal by the prosecutor (unfair form of punishment) by the court below is too unfeasible and unfair.
3. Ex officio determination as to the violation of the Assembly and Demonstration Act on June 8, 2011 and June 9, 2011 among the facts charged in the instant case
A. The summary of the facts charged (1) on June 8, 2011, the Defendant, in violation of the Assembly and Demonstration Act, participated in an assembly of anti-value registration fees held by the C organization in front of the Jongno-gu Cheong River tower from around 19:50 on June 8, 2011 to around 21:45 on the following grounds: (a) 300 participants of the assembly; and (b) proposed and promoted relief such as “the realization of anti-value registration fees” from the Cheong River square to the front of the Cheong River.
Therefore, even though the director of the senior police station who was authorized by the chief of the senior police station requested voluntary dispersion on the ground of a non-reported meeting, etc., although the defendant et al. failed to comply with the demand for voluntary dispersion, the first dispersion order at around 20:15 on the same day, the second dispersion order at around 20:30 on the same day, and the third dispersion order at around 20:47 on the same day, the second dispersion
Accordingly, the defendant did not comply with the dispersion order.
(2) On June 9, 2011, the Defendant violated the Assembly and Demonstration Act, from around 19:50 to around 21:55, on June 9, 201, participated in the assembly meeting of the anti-value registration fee held by the organization C in Jongno-gu Seoul Jongno-gu Clean Square, and 40 participants were occupying roads adjacent to the Clean Square, and provided relief.
Accordingly, the director of the senior police station who has been authorized by the chief of the senior police station.