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(영문) 부산지방법원 2016.02.04 2012고정1345 (1)
집회및시위에관한법률위반
Text

Defendant

A shall be punished by a fine of 200,000 won, and by a fine of 500,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B On December 13, 2013, the sentence of imprisonment with prison labor for one year and six months and the sentence of two years of suspended execution was finalized on the 21st of the same month.

On October 8, 201, from around 20:15 to around 22:33, 200 participants of the fifth desired bus including the Defendants, an assembly claiming “the withdrawal of the Jin Heavy Industries,” etc. on the road in front of the building in the Southern-gu Busan, Jung-gu, Busan, and moved to the front intersection of the department store in the same Dong while moving to the front intersection of the department store in the same Dong. While trying to break to the Youngdo, the assembly was continued from around 22:42 to from around 23:59 to the police.

On the same day, the police officer in the Busan Central Police Station in charge of traffic management requested voluntary dispersion on the ground that he/she is an unreported assembly using broadcasting vehicles on the front side of the Southern National Assembly on the same day. At around 20:45, the first dispersion order was issued at the same place, the second dispersion order was issued at the same place in 20:50, the second dispersion order was issued at the same place in around 20:55, the third dispersion order was issued at the same place in around 20:42, the participants of the demonstration moved to the department store in the future, and again, the fourth dispersion order was issued at around 22:42, the fourth dispersion order was issued at around 22:46, and the sixth dispersion order was issued at around 22:53, respectively.

However, the Defendants refused to comply with the dispersion Order until the arrest of 22:55 days on the same day.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each police statement made to F and G;

1. A letter of arrest;

1. An investigation report (an order for dissolution related to the five desired bus or demonstration);

1. Previous conviction (Defendant B): Application of the search output and output of the conet case and statutes on judgment;

1. Article 24 Subparag. 5 and Article 20 Subparag. 2 of the Assembly and Demonstration Act regarding criminal facts and the selection of fines

1. Article 37 of the Criminal Act for concurrent crimes (Defendant B): Provided, That Article 39 (1) of the Criminal Act shall apply;

1. Articles 70(1) and 69(2) of the Criminal Act on the confinement of the workhouse (defendants)

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