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

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

Punishment of the crime

The defendant is an employee of the KT Port Branch, who is a member of the KT New Trade Union comprised of the employees of the KTW Workers.

Any person who desires to hold an outdoor assembly or stage a demonstration shall report to the chief of the competent police station.

The defendant does not report to the chief of the competent police station any outdoor assembly or demonstration, from around 07:35 to around 08:10 on August 13, 2013, and from around 07:35 to around 08:10 on the same day, the defendant uses a small banner stating the following: "At the end of the labor pressure of the KT for 15 years, C shall be a private crime, the crime of death, the fishing labor and retirement after the death on duty, the prosecution shall be punished for the person in charge of the fact-finding, and the National Assembly shall be punished for the person in charge of the fact-finding," and the above four persons want to receive only the table of 'compacters' against many and unspecified persons passing along the port next to it.

It distributes printed matters containing “the contents”, etc.

Accordingly, the defendant conducted a demonstration without reporting in collusion with four above names.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of each photograph and leaflet statute;

1. Article 22 (2) and Article 6 (1) of the Act on the elective Assembly and Demonstration against Criminal Facts, and Article 30 of the Criminal Act;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel's assertion that the above facts constituting the crime do not constitute a demonstration subject to prior notification under the Act on Assembly and Demonstration.

2. Determination

A. According to Article 2 subparagraph 2 of the former Assembly and Demonstration Act (wholly amended by Act No. 8424, May 11, 2007; hereinafter “the Assembly and Demonstration Act”), a “ Demonstration” can freely pass through the public, such as roads, squares, parks, etc. with common purposes.