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(영문) 서울중앙지방법원 2016.12.22 2016노2551
집회및시위에관한법률위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) on June 21, 2013 and June 26, 2013, each assembly held on the above day does not constitute a peaceful candlelight culture, and does not constitute an assembly subject to the duty to report under the Assembly and Demonstration Act.

(2) As to the violation of the Assembly and Demonstration Act on June 23, 2013, the head of Seoul Central Police Station made a notification of prohibition that the assembly held on the above day overlaps with the report of the organization called "Dominism solidarity" and that it is necessary to limit traffic flow. In fact, the above notification of prohibition is illegal and unjust, and therefore, the defendant's act holding the assembly held on the above day does not constitute a crime.

(3) At the time of the assembly on July 3, 2013, the police, at the time of the assembly on the above day, has already been under control by installing a parking wall, etc., and thus, the traffic of vehicles cannot be deemed to have been obstructed by the act of participants in the assembly, such as the defendant, etc., and the defendant did not take part in the act of traffic obstruction by moving to India or alleys, etc.

B. As to the sentence imposed by the court below, the defendant asserts that the defendant's punishment is too unreasonable, while the prosecutor asserts that the defendant is too uneasible and unfair.

2. Determination

A. (1) On June 21, 2013 and June 26, 2013, the Assembly and Demonstration Act requires a person who seeks to hold an outdoor assembly or demonstration to submit a report stating the purpose, date, time, place, organizer, etc. of the assembly to the chief of the competent police station 48 hours prior to the commencement of the outdoor assembly or demonstration (Article 6), with respect to the violation of the Assembly and Demonstration Act as of June 21, 2013 and June 26, 2013, in order to properly harmonize the public’s rights and public peace and order. However, the report stating the purpose, date, place, organizer, etc.

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