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(영문) 대구지방법원 영덕지원 2018.08.22 2018고정3

집회및시위에관한법률위반

Text

Defendant

A and B shall be punished by a fine of KRW 300,000,000 and by a fine of KRW 1 million.

The Defendants respectively.

Reasons

Punishment of the crime

The Defendants, as residents of the Gyeongbuk-gun, constituted the “J” as members of the opposite residents around December 15, 2016, against the “I” ordered by the Gyeong-gun E and E, F, and Dong G, etc., and Defendant A and Defendant B became the vice-chairperson.

On March 2017, the residents of the above Countermeasure Committee, including the Defendants, decided to hold an assembly opposing the above Corporation around March 2017, and Defendant A and Defendant B respectively reported to the Nutrition Police Station as the organizer of the assembly and the maintenance of order on March 13, 2017, and reported the date and time of holding the assembly to “from 10:00 on March 15, 2017 to 18:00 on the date and time of holding the assembly”; the venue of holding the assembly to “K”; and whether the assembly was in progress to “no progress.”

1. The organizer of an assembly or demonstration of a defendant A shall not engage in any conduct clearly deviating from the scope of the purpose, date, time, place, method, etc. of the reported assembly or demonstration;

Nevertheless, from around 10:00 on March 15, 2017, the Defendant continued to hold an assembly, such as leaving the assembly place reported as above and leaving approximately 200 meters away from the number of residents, and entering the above “I” site located in Gyeongbuk-gun L, the Defendant continued to hold an assembly, including continuing to go out of the “M opposition..”

Accordingly, the defendant, as the organizer of the assembly, committed an act clearly deviating from the place of the assembly reported.

2. The person who maintains the order in the assembly or demonstration reported shall not engage in any conduct clearly deviating from the scope of the purpose, date, time, place, method, etc. of the assembly or demonstration;

Nevertheless, the Defendant committed an act clearly deviating from the place of assembly reported, such as the date and place mentioned in Paragraph 1, at the time and place described in Paragraph 1.

3. The participants in an assembly or demonstration by Defendant C shall not commit any act disturbing order by means of violence, intimidation, damage, fire prevention, etc.