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(영문) 서울남부지방법원 2017.08.25 2017고정1020

집회및시위에관한법률위반

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The background of the case was that the Defendant is the president of the branch of the Seoul Metropolitan Government Branch of the Korean Metal Trade Union, which is a member of the Federation of the Korean Democratic Trade Union, and seven members of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the Seoul Metropolitan Government. The Defendant demanded the withdrawal of the sale of the factory site from October 12, 2015 and planned to support the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the Seoul Special Metropolitan Government. The Defendant reported that “the name of the assembly: D”, “the organizer and the representative of the assembly: B branch of the Seoul Special Metropolitan Government Branch of the Korean Democratic Trade Union: the date and time of the assembly: 0:0 to April 23, 2016; 1.

On the other hand, at around 05:00 on April 18, 2016, in order to survey the site of a factory from (ju) after purchasing the site of a factory from C, there were 90 or more persons for guards on the site of a factory from around 05:00 on April 18, 2016. At the same time, C subdivision members and 100 members of a national metal trade union affiliated with the General Federation of the National Democratic Trade Union, who came to know of the fact, held an assembly on April 18 and on April 19, 2016 when holding an assembly on the one hand.

2. Where the organizer of a specific criminal fact-finding assembly or demonstration is ordered by the head of the competent police station to maintain noise or suspend the use of a loudspeaker, etc. after producing noise exceeding statutory standards, he/she shall comply with such order, and shall not refuse or interfere with measures necessary therefor;

Nevertheless, the Defendant, on April 18, 2016, was gathering 100 members of the C factory in Geumcheon-gu Seoul, and was holding an assembly at the port. On the top of the C factory in Geumcheon-gu, Seoul, the Defendant generated a noise of 79 six exceeding 75 six in the statutory standard of 09:32, and rejected it even if he/she received an order from the police officer assigned by the head of the Seoul Geumcheon Police Station to maintain noise below the above noise level, and continued to maintain the noise level around 09:50.