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(영문) 수원지방법원 2013.04.18 2012노5267

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

The judgment below

The guilty portion shall be reversed.

Defendants are innocent. The summary of this judgment shall be published.

Reasons

1. Summary of grounds for appeal;

A. The Defendants (in fact-finding) are engaged in news gathering activities at the instant site as reporters, and the Defendants’ acts expressed in the conviction part of the lower judgment are incorporated in the scope of the right to access source of news gathering, and thus cannot be deemed as a justifiable act protected by the freedom of the press.

B. A prosecutor 1) misunderstanding of facts (the acquittal part against Defendant A) committed a candlelight for the purpose of participating in the instant demonstration, and participated in the demonstration, and refused to comply with the dispersion order, but the lower court rendered the acquittal on the grounds that there is no evidence to prove this part of the facts charged. In so doing, the lower court erred by misapprehending the facts in the acquittal part of the lower judgment, thereby adversely affecting the conclusion of the judgment. 2) In light of all the sentencing factors of the instant case, the lower court’s sentence is too

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of the facts charged 1) From 00:17 on June 12, 201 to 01:25, the number of participants 700 were gathered due to the public notice of H Planning Group, including the violation of the Assembly and Demonstration Act (prohibited at night demonstration) I, etc., and from 00:17 on June 12, 201 to 01:25 on the day following the end of the end of the end of the end of the end of the end of the period, the head of the Dong-gu in Busan, the head of the Dong-gu, Busan, the head of the Dong-gu, the head of the Dong-gu, the head of the Dong-gu, the head of the Dong-gu, the head of the Dong-gu, the head of the Dong-gu, the head of the Dong-gu, the head of the Dong-gu, the head of the Dong-gu, the head of the Dong-gu, the head of the Dong-gu, and the head of the Dong-gu, the head of the Gu.