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(영문) 서울남부지방법원 2017.11.08 2017고정73
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

Defendant’s Korean Teachers’ Union (hereinafter referred to as “Korean Teachers’ Union”)

is a teacher as a member of the Union.

No person shall hold any outdoor assembly or stage any demonstration at a place within 100 meters from the boundary of the National Assembly building.

Nevertheless, the Defendant, from around D 14:22 to around 14:1, as the doctor of the National Assembly in front of the main office of the National Assembly in the Yeongdeungpo-gu Seoul Metropolitan City, sees the press room from the front stairs of the main office of the National Assembly, and as well as 40 members, etc. of the former assistant group, who do not carry

E The Ministry of Education participated in an assembly held around 22 minutes by around 14:44 of the same day, such as creating a relief, such as “E regime drop”, “farked educational workers, and workers with three sphere of labor,” and “farbing off the E regime,” and participating in an assembly held by approximately 22 minutes.

Accordingly, the defendant, in collusion with other participants in the assembly, participated in the assembly held within the election of the National Assembly, which is the place where the assembly is prohibited.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. A criminal investigation report (such video analysis data, etc.);

1. On-site photographs [the assembly guaranteed by the Assembly and Demonstration Act and subject to regulation refers to “the temporary gathering of a specific or unspecified number of people at a certain place under the purpose of externally expressing their opinions by forming a common opinion” (see Supreme Court Decision 2007Do1649, Jul. 9, 2009, etc.). The following circumstances acknowledged by the evidence of the ruling are as follows: (a) the participants in the 40 assembly, including the defendant, possess a handbook as stated in its holding 20 minutes in front of the headquarters of the National Assembly; (b) the participants in the 40 assembly, including the defendant, carried out relief as stated in its reasoning; and (c) the assembly was installed with microphones and microphones at the site; and (d) the organizer used microphones. In full view of the fact that the defendant had expressed his/her opinions and expressed his/her opinions, the assembly expressed “on-site conference” while doing so.

This is also a common opinion of a certain number of people.

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