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(영문) 서울중앙지방법원 2014.10.24 2014노2438
집회및시위에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the Defendants’ grounds for appeal

A. misunderstanding of facts and misunderstanding of legal principles are deemed to have a “routing opinion” legally in order to express their opinions to urge the resignation of the elected president in the 18th presidential election at each date and place indicated in the facts charged of this case, and there is no obligation to report in advance under Article 6 of the Assembly and Demonstration Act (hereinafter referred to as the “Assembly”).

B. Unreasonable sentencing

2. Determination on the grounds for appeal

A. As to the misconception of facts and misapprehension of legal principles, Article 6(1) of the Assembly and Demonstration Act provides that “a person who intends to hold an outdoor assembly shall submit a report stating all the purpose, date, place, organizer, organization and number of participants, etc., to the chief of the competent police station from 720 hours to 48 hours before the outdoor assembly is commenced,” and Article 22(2) provides that “a person who intends to hold an outdoor assembly shall submit a report stating the purpose, date, and place of the outdoor assembly, the organizer, and the number of participants, etc., to the chief of the competent police

As above, Article 6(1) of the Assembly and Demonstration Act provides for the organizer of an outdoor assembly to fulfill his/her duty to report. The subject matter under the above provision is the case where an outdoor assembly is held.

Therefore, in order to punish the Defendants on the basis of the above provision, first of all, it should be determined whether the assembly as stated in the instant indictment constitutes a “meeting” under the obligation to report under the Assembly and Demonstration Act.

However, the Assembly and Demonstration Act only has a definition provision for outdoor assembly, but does not have any definition provision for "Assembly" subject to protection or regulation.

Ultimately, it is a question of how to define the concept of ‘convening' under the Assembly and Demonstration Act.

(B) The Supreme Court’s definition of “Assembly” refers to “a specific or unspecified assembly” under the Assembly and Demonstration Act.

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