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(영문) 서울남부지방법원 2013.03.22 2012노1958
집회및시위에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The defendant's assertion that he reported the demonstration on the way that he was issued with the passport of the grounds for appeal and sought a demonstration from the bus to the Yeongdeungpo-gu Office is not reliable in light of the fact that the defendant left the country with the same number before and after the case, and that the defendant was the head of the E Secretariat at the time of the case, and several persons including the defendant were arrested with a lerorogate, it is reasonable to view that the defendant participated at the site of the assembly and demonstration of this case. Thus, the judgment below which acquitted the defendant as to the facts charged of this case is erroneous in the misapprehension of facts against the rules of evidence or in the misapprehension of legal principles.

2. Determination

A. The summary of the facts charged in this case shall not hold any outdoor assembly or demonstration at a place within one hundred meters from the boundary of the National Assembly building.

The Defendant, from around 14:00 on November 3, 201, organized “Korea-U.S. Free Trade Organization Korea-U.S. Free Trade Organization (Korea-U.S. Free Trade Organization) Korea from around 14:0 to around the Korea Industrial Bank, and attended an assembly “B” held in the society of the Secretary General of the Korea-U.S. Free Trade Organization (Korea-U.S. Free Trade Organization). At around 14:40 on the same day, the Secretary General of C of the above “B organization” states that the broadcast vehicle is not initially reported, and at least 3,000 persons from the Defendant and Demonstration Party are inciting the National Assembly to enter the National Assembly. At the same time, at least 3:00 persons from around 14:0 to 3:00 persons from around 3:00 to around 15:30 meters from the front of the National Assembly’s meeting to the right side of the police building under the name of the Central Assembly.”

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