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(영문) 울산지방법원 2015.09.11 2015노104
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

The judgment below

The acquittal portion shall be reversed.

Of the facts charged in the instant case, from June 11, 201 to June 12, 2011.

Reasons

1. Summary of grounds for appeal;

A. As to the mistake of facts and misapprehension of legal principles regarding each general traffic obstruction, even though the Defendant was a mere participant of a demonstration without knowing at all whether each assembly and demonstration was reported, there was no intention to obstruct traffic, the lower court’s judgment convicting him/her of this error by misapprehending the legal principles, and by misapprehending the legal principles, as to the violation of the Assembly and Demonstration Act due to non-compliance with the maritime order on July 9, 2011.

B. As to the violation of the Assembly and Demonstration Act due to the mistake of facts and the misapprehension of legal principles from June 11, 201 to June 12, 2011, the Defendant’s demonstration, which occupied the road at the time when the Defendant participated, was an unreported assembly and demonstration which interfered with traffic and caused a direct danger to public safety and order. Although the Defendant did not comply with the legitimate request for dissolution and dispersion order, there was an error in the misapprehension of facts and in the misapprehension of legal principles as to this part of the facts charged, the lower court’s judgment which acquitted the Defendant of this portion of the charges. 2) In so doing, the lower court’s sentence of unfair sentencing (a fine of KRW 500,00) is too unreasonable.

2. The lower court rendered judgment on July 9, 201, as to the violation of the Act on Assembly and Demonstration due to the participation in the night demonstration, among the facts charged in the instant case, not guilty as to the violation of the Act on Assembly and Demonstration due to the dispersion order from June 11, 201 to June 12, 2011, and sentenced a fine of KRW 50,000 to the remainder of the crimes.

However, the Defendant.

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