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(영문) 서울남부지방법원 2016.09.21 2016고정1163

집회및시위에관한법률위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Defendant

SK Dobd Dobd Round is a union member of non-regular workers.

1. No one shall hold any outdoor assembly or stage any demonstration at a place within 100 meters from the boundary of the office building of the National Assembly;

Nevertheless, from 10:00 to 15:45 on February 5, 2015 to 10:15, the Defendant was equipped with demonstration articles, such as scamet, body bulletin, banner, banner, etc., stating the following: (a) the Defendant, in front of the National Assembly at a distance of not more than 10 meters from the boundary of the office building of the National Assembly; (b) the participants in other assemblies, as well as the participants in other assemblies, to remove temporary layoffs; (c) the scam SK will solve our problem; and (d) the Defendant “the scams, body bulletin, banner, etc. to stop the quality of scambols.”

In the way of creating relief such as "convening in the strike," etc., the assembly was involved in the assembly carried out at a place within 100 meters from the boundary of the National Assembly's office building, which is the place where the assembly is prohibited.

2. The Defendant, as stated in the above paragraph 1, failed to comply with the request for voluntary dispersion by the head of the security station ordered by the head of the Seoul Yeongdeungpo-gu Police Station on the grounds that the assembly was held in front of the National Assembly, which is the place where assembly is prohibited, on around 10:50; the first dispersion order at around 11:00; the second dispersion order at around 11:12; the third dispersion order at around 11:23; the fourth dispersion order at around 11:28; the fourth dispersion order at around 13:07; the fiveth dispersion order at around 13:07; the sixth dispersion order at around 15:04; and the seventh dispersion order at around 15:16.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement;

1. Investigation report (report accompanied by such images and photographs CDs), investigation report (Investigation of a communication permit on the day of the suspect A);

1. The defendant and his defense counsel participated in the press check and failed to comply with the dispersion order against such press dog and thus does not violate the social rules.