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(영문) 서울남부지방법원 2016.05.04 2016고정347
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

The defendant is a representative B.

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 15:10, the Defendant was taking a ice dog at a place within 100 meters from the boundary of the office building of the National Assembly in front of the National Assembly, and participated in an assembly conducted at a place within 100 meters from the boundary of the office building of the National Assembly, which is the place where the assembly is prohibited, in such a way as to have a c’, d’, and e’s equipment for demonstration, with other participants in the assembly, with the content of “C”, “D”, “E” and “F”, etc.

2. The Defendant, who failed to comply with the dispersion order, did not comply with the demand for voluntary dispersion by the head of the security station ordered by the head of the Seoul Yeongdeungpo Military Police Station for the assembly held in front of the National Assembly, which is the place where assembly is prohibited, on the ground that “an assembly held at the place where assembly is prohibited” as referred to in the above paragraph (1), on the ground that the head of the security station ordered by the head of the Seoul Young Military Police Station for the first time around 10:50, on around 11:00, on around 11:12, on the second order; the second order of dispersion around 11:23; the third order of dispersion around 11:28; the fourth

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A criminal investigation report (a report accompanied by these images and photographs CDs);

1. Data of photograph of an illegal actor [the defendant's act is justified in light of the freedom of assembly stipulated in the Constitution since the defendant expressed his opinion in a peaceful manner. However, the defendant's act is not unlimitedly recognized, but can be restricted by law in accordance with the Constitution, and the defendant's act is clearly in violation of the prohibition of participation in assembly at a place where assembly is prohibited by the pertinent law, and thus the defendant's assertion is not accepted.]

Application of Statutes

1. Relevant provisions of the Act concerning facts constituting an offense;

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