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(영문) 서울북부지방법원 2014.12.19 2014고정164
집회및시위에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The chief of the competent police station shall request an assembly which is unable to maintain order by clearly deviating from the scope of assembly, such as the purpose, date, time, place, method, etc. reported by the chief of the competent police station to voluntarily dissolve within a considerable period of time, and if the assembly fails to comply therewith, he/she may order dispersion, and all participants in the assembly shall, when

On May 29, 2013, around 21:00 to 22:00, 50 people, including two-use subrogation, who completed the assembly of "administrative vicarious execution" from 22:25 South Seodaemun-ro 5, Southwest-ro 5, a centering on singing and speaking in front of the central stairs of the South Seodaemun-gu Police Station.

From the above date, more than 50 persons, such as commercial subrogation, attended the scene of illegal assembly in front of the central stairs of the Seodaemun Police Station, and conducted demonstration by putting in his hand the 'illegal debt certificate' as well as the 'illegal debt certificate'.

Accordingly, the Chief of the South-gu Police Station, which is the competent police station, requested voluntary dispersion by illegal assemblies using broadcasting vehicles at around 22:25 on the same day, and ordered dissolution from around 22:32 on the same day to six times.

Nevertheless, even if the defendant received a dissolution order, he participated in an illegal assembly and a reorganization assembly.

As a result, the defendant did not comply with a dispersion order by the chief of the competent police station.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. A report on internal investigation (attaching photographs and photographs of the suspected criminal suspect's illegal assembly);

1. Application of CD 2 Acts and subordinate statutes

1. Article 24 subparagraph 5 of the Act on the elective Assembly and Demonstration Concerning Criminal Facts, Article 20 (2) of the Act on the elective Assembly and Demonstration, and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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