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(영문) 광주지방법원 2016.09.22 2016고정1027
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 21, 2015, the Defendant reported to the Secretary General of the Gwangju District Office of the C Union in Gwangju Mine-gu, and on October 21, 2015, to the Director of the Seo-gu Police Station of Gwangju, the Defendant reported “100 meters per the Bank of Korea letter from the top of Gwangju View-gu, on the assembly related to the “Resolution for the Resolution for the Total Force of Labor tension and Labor Modulization and Democratic Labor Madon Madon Madon” to the place of assembly.

The organizer of an assembly or demonstration shall not engage in any conduct clearly exceeding the scope of the reported purpose, date, time, place, method, etc.

Nevertheless, the Defendant, from around 11:20 to around 12:00 on October 28, 2015, held an assembly with 50 members of the said assembly at the place where the assembly was reported, and sought an interview at around 12:00 on the same day on the grounds that the Defendant demanded a market meeting at around 140 meters from the place where the above report was filed, and attempted to enter the said building into the Seoul Metropolitan City Office by around 40 minutes from around 12:40 minutes on the same day while moving from the said building to around 12:40 minutes on the same day.

Accordingly, the Defendant committed an act clearly deviating from the scope of reported place, method, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Results of post-issuance reading;

1. Copy of the report on outdoor assembly;

1. Application of the following satellite map photographs Acts and subordinate statutes:

1. Article 22 (3) and Article 16 (4) 3 (Selection of Penalty) of the Act on the elective Assembly and Demonstration against Criminal Facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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