The defendant shall be innocent.

1. 공소사실 피고인은 2011. 8. 28. 10:30경 서울 서대문구 현저동에 있는 독립문공원 앞에서 C노동조합이 D 사태 해결을 촉구하기 위해 주최한 ‘희망만들기 깔깔깔-만민공동회’ 집회에 참석하여 서울 용산구 갈월동에 있는 남영로터리까지 행진하게 되었다.

On August 26, 2011, the commissioner of the Seoul Provincial Police Agency attached the condition of traffic order to promptly proceed with the above assembly using two lanes in the moving direction except the bus exclusive lanes. However, the defendant occupied three to four lanes in front of the National Police Agency located in Seodaemun-gu Seoul, Seomun-gu, Seoul, along with 800 participants in the above assembly at the roads of the National Police Agency in front of the Korean National Police Agency, in Seodaemun-gu, Seoul, with three to four lanes, and driven along the south Young-gu Seaside. On August 28, 2011, the defendant failed to dissolve the police station without delay even though he/she received an order of dissolution from the guard of the Seodaemun-gu Police Station and the head of the order of dissolution from the head of the Southwest-gu Police Station.

2. Article 8(1)3 of the Act on the Assembly and Demonstration (hereinafter “Act”) provides that the chief of the competent police station, upon receipt of a report on an outdoor assembly or demonstration, may notify the organizer of the assembly or demonstration that the assembly or demonstration shall be prohibited within 48 hours after receipt of the report, if he/she deems it necessary for the traffic flow with respect to the assembly or demonstration on the major roads of a major city prescribed by Presidential Decree, and Article 12(1) of the Act provides that the chief of the competent police station, upon receipt of the report, may prohibit the assembly or demonstration or restrict it by attaching conditions for the maintenance of traffic order.

On August 23, 2011, the CF submitted a report on the instant assembly, including the details of the instant assembly, which took place at the headquarters (including lanes) at the 1st exit located in an independent questioning station, around August 18, 2011, by the Commissioner of the Local Police Agency of Seoul Special Metropolitan City, but the Commissioner of the Local Police Agency of Seoul Special Metropolitan City past 48 hours from the date of filing the report.