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(영문) 울산지방법원 2017.09.07 2017노813
집회및시위에관한법률위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) For the following reasons, Defendant 1’s mistake of facts and misapprehension of the legal doctrine, the facts charged in the instant case is acquitted.

However, the court below erred by misapprehending the facts and misapprehending the legal principles, thereby finding the Defendant guilty of the facts charged.

A) The Defendant’s act as “one person’s demonstration” does not constitute an outdoor assembly or demonstration as referred to in the Assembly and Demonstration Act.

B) Even if the Defendant’s act constitutes an outdoor assembly or demonstration as referred to in the Assembly and Demonstration Act, the Defendant is not the organizer of the outdoor assembly or demonstration, and thus, the Defendant is not obliged to report the demonstration.

2) The facts charged in the instant case are found guilty.

Even if the court below rendered the suspended sentence of a fine of KRW 500,000 to the defendant, it is too unreasonable for the court below.

B. The court below's decision that ordered the Defendant to suspend the sentence of a fine of KRW 500,000 is too unfilled and unfair.

2. Judgment on the grounds for appeal

A. As to the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, the lower court rejected it on the grounds as indicated in its reasoning and convicted the Defendant of the instant charges. Examining the reasoning of the lower judgment in comparison with the evidence adopted by the lower court, the lower court’s determination is justifiable and did not err by misapprehending the legal doctrine, or by misapprehending the legal doctrine.

B. As to the unfair argument of sentencing by the defendant and the prosecutor, there is no sentencing guidelines for the crime of violation of the Act on the Sentencing and Demonstration, including the defendant's age and character environment, the background and nature of the crime, the background and nature of the crime, and the circumstances after the crime.

In full view of the above, the court below did not recognize that the defendant's suspension of sentence of a fine of KRW 500,000 is too heavy or unreasonable.

3. The appeal filed by the Defendant and the Prosecutor is with merit.

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