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(영문) 대전지방법원 2014.09.03 2014노695
집회및시위에관한법률위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds of appeal (legal scenarios) where the Defendants were in the process of the GMM and did not constitute an act that disturbs the order of fire prevention, and thus, the court below erred by misapprehending the legal principles as to the act that disturbs the order of fire prevention.

2. Determination:

A. On November 16, 2012, from around 15:30 to around 17:00, Defendant A, a summary of the facts charged, in the form of harmony with F, H, and Defendant B, and Defendant A, as the organizer of the assembly, committed an act that disturbs public order by in collusion with F, H, and C as a participant of each assembly, who was a participant of each assembly, and committed an act that disturbs public order by in collusion with F, H, and fire prevention, etc., while carrying out “G Resolution Games (Report on November 12, 2012)” at around 16:55.

B. The lower court determined that the Defendants’ form of a fire was acknowledged as having been in the form of a fire during the assembly reported by the Defendants as stated in the facts charged, but the form of a fire was in the form of a fire without movement within the assembly place reported by the Defendants. The place of the chemical form of the instant case was a place where the traffic of ordinary vehicles and people is not high, the participants including the Defendants attached to the assembly, and the form of a fire was terminated due to the nature of the brusium, and the form of a fire was terminated due to the nature of the brusium, and there was no fireable articles in the vicinity; police officers at the time did not control any fire at the scene; and the Defendants prepared a fire extinguishing machine, etc. due to the instant chemical form.

It does not seem that the passage of vehicles and people is hindered, and it is difficult to regard the form of the instant chemical as “an act that disturbs the order by fire prevention, etc.”, and it is different.

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