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(영문) 대구지방법원 서부지원 2014.05.09 2014고단239
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine not exceeding one million won.

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

Reasons

Punishment of the crime

The defendant is the Director General of the Democratic Labor Relations Headquarters D.

A person who intends to hold an outdoor assembly or demonstration shall submit a report stating the purpose, date, time, place, etc. of the assembly or demonstration to the chief of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly or demonstration.

Nevertheless, on November 3, 2013, from around 16:07 to 17:30 the same day, the Defendant asserted that two persons, including the head of the Democratic Labor Relations Headquarters E, who was arrested under an arrest warrant issued on the front side of the Daegu-gun Police Station, in front of the Daegu-gun Police Station, were illegally arrested, without reporting the assembly to the chief of the competent police station. The Defendant convened 350 members of the affiliated police station, and convened 350 members of the affiliated police station to hold an assembly by means of “the creation of relief, free speech, and labor production.”

Accordingly, the Defendant organized an outdoor assembly without filing a report on the assembly.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on investigative data;

1. Article 22 (2) and Article 6 (1) of the Act on the Optional Assembly and Demonstration concerning Criminal Facts and the Assembly of Criminal Penalties (Selection of Fine);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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