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(영문) 서울중앙지방법원 2013.07.11 2013고정701

집회및시위에관한법률위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, as the chairperson of the CFI (hereinafter referred to as the "CFI"), who intends to hold an outdoor assembly or demonstration, shall submit a written report stating the purpose, date, time, place, etc. to the chief of the competent police station from 720 hours to 48 hours before the outdoor assembly or demonstration.

The Defendant, along with its members, including E, who are the heads of the branch offices of the Korea Labor Relations Commission affiliated with the D branch offices under the Korea Labor Relations Commission, tried to hold an unreported assembly by iceing out the press dogs that criticize the said D before the Do department stores, which have no direct connection with the said D.

피고인은 2012. 6. 1. 10:30경 서울 중구 소공동 1에 있는 롯데백화점 본점의 정문 앞에서 위 지부 소속 조합원 40여 명과 함께 “노사관계 개입, 통제 F그룹 규탄”이라는 문구가 기재된 현수막을 들고, "D 노사관계 개입! 통제!! F그룹 규탄한다", "자율교섭 가로막는 정책본부 규탄한다", "민주노조 탄압하는 F그룹 규탄한다"라는 취지의 구호를 외치고, 조합원들의 자유발언을 갖는 등의 방법으로 같은 날 10:50경까지 미신고집회를 개최하였다.

Accordingly, the Defendant organized an outdoor assembly that was not reported.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the police interrogation records of the accused, E, and G;

1. The police statement of H;

1. A written accusation;

1. Application of related Acts and subordinate statutes;

1. Article 22 (2) and Article 6 (1) of the Act on the elective Assembly and Demonstration against Criminal Crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant and his defense counsel asserted that an event held before the department store on June 1, 2012 constituted an outdoor assembly as provided by the Assembly and Demonstration Act (hereinafter “Act”).