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(영문) 서울중앙지방법원 2015.07.03 2014노5060
집회및시위에관한법률위반
Text

The judgment of the first instance is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. The defendant (the factual errors and misapprehension of the legal principle)'s notification of the prohibition of this case is unlawful as it abused discretion in the following point. Thus, the defendant's act holding the prohibited assembly does not constitute a crime.

① The assembly first reported by R for the purpose of “civil order awareness” is deemed subsequent to the assembly of this case and its purpose, and it is not recognized that the assembly of this case is in conflict with or interfering with each other. There was no possibility of conflict between the place where the assembly is held and the method of proceeding.

② The first reported assembly was not likely to be held, and there was no need to protect the first reported assembly in that it was not held actually, but it constitutes a serious infringement on the freedom of assembly.

③ Article 40(2) and (3) of the Administrative Procedures Act provides that where a report not conforming to the form requirements is filed, an administrative agency shall require the reporter to supplement the report by fixing a reasonable period. Thus, the failure of the head of Seoul Southern Northern Police Station to give the defendant an opportunity to receive the withdrawal of the above meeting first reported to the defendant violates the purpose of legislation of the Administrative Procedures Act, thereby violating the minimum infringement principle

④ The Defendant was unable to be notified of the result of the ruling on the objection against the instant prohibition notification, and was not guaranteed an opportunity to contest whether the ruling was lawful.

B. The sentencing of the first instance court (2 million won of a fine) against the Defendant by the prosecutor (unfair form of punishment) is deemed to be too unhued and unfair.

2. The summary of the facts charged is the Director General of C, who is the Executive Chairperson and the Executive Chairperson of “E” (hereinafter “E”).

On June 24, 2009, the Defendant submitted an outdoor assembly report with the content of “G” holding more than 1,000 members of E from the square of Seoul Metropolitan Government Office up to F 16:0 to 18:00.

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