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(영문) 서울중앙지방법원 2013.11.28 2011고정53
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is in charge of various assemblies and demonstrations of D groups as the team leader of the E Team at the so-called “D organization” (hereinafter referred to as “D organization”).

A person who intends to hold an outdoor assembly or demonstration shall submit a report stating all the relevant matters to the chief of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly or demonstration.

On April 8, 2010, the Defendant held an outdoor assembly with the intent to hold an assembly to see the nuclear attitude review report issued by the United States. From around 12:10 to 12:35 on April 8, 2010, the Defendant used franchise cards and equipment stated as soon as possible in the conclusion of the agreement on non-nuclearization and peace on the Korean Peninsula and concluded an outdoor assembly with the Defendant’s appearance of 30 members of the D organization in the presence of 30 members of the D organization in the so-called “joint reporters’ conference opened on the announcement of the report on the examination of nuclear attitudes in the United States.” At that time, the Defendant, etc.: (a) discarded the U.S. policy on attack against North Korea; and (b) used the franchise cards and equipment stated as “the Republic of Korea,” and (c) concluded an outdoor assembly with the Defendant’s non-nuclearization of the Korean Peninsula in accordance with the agreement on non-nuclearization and peace.

As such, the Defendant opened an outdoor assembly without submitting a report to the chief of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly or demonstration.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on information status (19 pages of investigation records);

1. Application of Acts and subordinate statutes to documentary evidence (record No. 23 of investigation record);

1. Article 22 (2) and Article 6 (1) of the Act on the elective Assembly and Demonstration against Criminal Crimes;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act of the provisional payment order;

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