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(영문) 서울중앙지방법원 2014.08.08 2013노3876
집회및시위에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

The above fine shall not be paid.

Reasons

1. Summary of grounds for appeal;

A. Regarding the fact of holding an assembly of June 29, 201 and August 15, 2011, the Defendant led or did not hold an assembly of June 29, 201, and each assembly of August 15, 2011. In relation to each assembly of June 29, 2011, the notice of prohibition was not lawfully served. (ii) As to the non-compliance with the assembly of June 29, 201, the above assembly did not meet the substantive requirements of the dispersion order as reported assembly, and the Defendant did not appear to be a lawful dispersion order as at the time of voluntary dispersion request and 16:45 after the date of the voluntary dispersion request, as long as the notice of prohibition on the assembly of August 15, 201 did not lawfully meet the substantive requirements of the dispersion order, the assembly of which was reported was not dissolved, and thus, it cannot be deemed that there was a reasonable dispersion order between the assembly participants and 1201 and 18 others.

With respect to each general traffic obstruction, ① on June 29, 201, the above assembly was lawfully reported, and the Defendant left from 16:45 to 16:45, which did not interfere with traffic after the above time. ② In relation to the assembly on August 15, 201, the above assembly was held on the road near the assembly place because the access to the legitimate reported assembly place was obstructed, and the reported scope was not remarkably deviating from the reported scope, and thus, it constitutes a general traffic obstruction.

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