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(영문) 서울남부지방법원 2018.08.28 2016고정2958
집회및시위에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: B Partnership (hereinafter “B”).

is a teacher as a member of the Union.

No person shall hold any outdoor assembly or stage any demonstration at a place within 100 meters from the boundary of the National Assembly building.

Nevertheless, the defendant from September 23, 2015 to September 23, 2015, 40 members, etc. of the National Assembly in front of the main office of the National Assembly located in Yeongdeungpo-gu as the doctor of Yeongdeungpo-gu, Seoul, to see the press dog, and to see the press dog, and to see it.

C Party 1 participated in an assembly held around 22 minutes by around 14:44 of the same day, including the creation of reliefs, such as “C regime drop,” “fark,” “fark,” “fark,” “fark,” “fark,” “fark,” “fark,” “fark,” and “farbing off,” etc.

Accordingly, the defendant, in collusion with other participants in the assembly, participated in the assembly held within the boundaries of the National Assembly, which is the place where the assembly is prohibited.

2. The Constitutional Court rendered a decision inconsistent with the Constitution that the part related to “the National Assembly” under Article 11 subparag. 1 of the Assembly and Demonstration Act applicable to the instant facts charged (hereinafter “the Assembly Act”) and Article 11 subparag. 1 of the Assembly Act among Article 23 (Article 11 of the Assembly and Demonstration Act (hereinafter “the Assembly Act”) does not conform with the Constitution (see Constitutional Court Decision 2013Hun-Ba32, 2016Hun-Ba354, May 31, 2018; hereinafter “decision inconsistent with the Constitution”). The decision of inconsistency with the Constitution of the Constitutional Court is a modified form that is not prescribed by the Constitution and the Constitutional Court, but constitutes a decision of unconstitutionality as to legal provisions, and Article 23 subparag. 3 of the Assembly and Demonstration Act is deemed a combination of the provisions pertaining to Article 11 of the Assembly and Demonstration Act, and thus, Article 11 subparag. 3 of the Assembly and Demonstration Act and Article 23 subparag. 3 of the Assembly and Demonstration Act provides for the same Act.

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