2012Do1162 Violation of the Assembly and Demonstration Act

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Defendant C and Prosecutor (Defendant A, B, D, E);

F) F

Y Law Firm (For Defendant C)

Attorney Z, AA, H, AB, AC, AD, AE

Seoul Central District Court Decision 20112775 Decided December 30, 2011

November 14, 2013

All appeals are dismissed.

The grounds of appeal are examined.

1. Defendant C’s ground of appeal

Examining the reasoning of the lower judgment and the evidence duly admitted by the first instance court, the lower court found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning.

The decision of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the legal principles on the "Assembly" under the Assembly and Demonstration Act.

2. Prosecutor’s grounds of appeal as to Defendant A, B, D, E, and F

Examining the reasoning of the judgment below in light of the records, it is justifiable for the court below to maintain the court of first instance that acquitted the above Defendants on the ground that there is no proof of the relevant crime. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of the logical and empirical rules, or by misapprehending the legal principles as to the outdoor assembly organizer or the co-principal under Article 6 of the Assembly and Demonstration Act.

3. Conclusion

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee In-bok

Justices Min Il-young

Justices Park Young-young and Justice Park Young-young

Jeju High Court Decision 201Na1448 decided May 1, 201