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(영문) 부산지방법원 2013.09.06 2013노2418
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

The judgment below

All convictions shall be reversed.

Defendants shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. On August 20, 2009, the Defendants, the defense counsel, and the defense counsel held an outdoor assembly on August 20, 2009, with regard to the Defendants B and C’s holding on August 20, 1, 2009, the assembly is not an assembly subject to reporting under the Assembly and Demonstration Act, and ② the assembly at night was generally prohibited at the time of the assembly, and the prohibition was made after the assembly of this case, and thus, the Defendants could not have been able to think that the assembly at night should be reported at the time of the assembly of this case. Therefore, the Defendants cannot be punished because there is no possibility of expectation of reporting the assembly of this case. 2) Defendants’ holding an assembly beyond the scope of the reported place on October 13, 2009 and entering the joint residence intrusion, and thus, the Defendants did not freely have a duty to report an indoor assembly and demonstration, and therefore, Defendants were not guilty of the facts of the assembly and demonstration under the Act on the Protection of Workers from Busan Regional Labor, and therefore, did not err in the judgment below.

B. Prosecutor 1) With respect to the fact of holding an outdoor assembly not reported on September 4, 2009, the prosecutor’s allegation of mistake of facts and misapprehension of legal principles made the following facts: (i) with respect to the holding of the outdoor assembly not reported on September 4, 2009, the Defendants made a report that they hold an assembly around the Busan Station from September 17, 2009 to sunset (18:47), and in fact, from September 19:35, 2009 to May 5, 2005.

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