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(영문) 서울남부지방법원 2020.07.23 2018노1568
일반교통방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to an assembly held on March 31, 2015, it is obvious that the Defendant’s moving beyond the line of order to the place where the assembly was reported is an assembly beyond the scope of the reported place and method. Therefore, the dispersion order issued for such reason is lawful. Therefore, as long as the order of dispersion is not complied with, the Assembly and Demonstration Act (hereinafter “Act”).

(2) In relation to the assembly held on May 6, 2015 and September 23, 2015, each of the above assemblies was held at a place that may directly affect the activities of the National Assembly, and does not constitute a small-scale assembly in light of the Intervenor. In particular, in the case of the assembly held on May 6, 2015, an assembly in a form that threatens the essential functions of the National Assembly, such as giving direct criticism or psychological pressure to the National Assembly members, which are legislators, and thus, was in violation of the Assembly and Demonstration Act, even if considering the purport of the Constitutional Court’s decision, the assembly was in violation of the Assembly and Demonstration Act.

3) As long as the assembly held on September 23, 2015 was a prohibited assembly under the Act, the act of entering the National Assembly’s office building to participate in the above assembly itself constitutes a crime of intrusion upon a structure. B. The lower court’s sentence of unreasonable sentencing (a fine of two million won) is too uneased and unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. On March 31, 2015, the lower court determined that the first instance court related to the assembly held on March 31, 2015, (1) the assembly held on March 23, 2015, “AE Games and Agriculture” around 17:00 on March 23, 2015 for AT, the chief of the organizational dispute department B, was the same year as from March 30, 2015.

4. From 22. 23:00 up to 23:23:00, an outdoor assembly report was submitted to the chief of the Seoul Shi-ro Police Station with the purport of holding in front of the schedule of the government office building, and ② the police installed a maintenance line in front of the small park, a three-lane width in the front of the front of the government office building, Seoul, on the ground that the above delivery is narrow. The participants, including the Defendant, installed the maintenance line.

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