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(영문) 서울중앙지방법원 2007.12.7. 선고 2007고합1217 판결
가.특수공무집행방해치상나.일반교통방해다.공용물건손상라.집회및시위에관한법률위반
Cases

207Gohap1217 A. Special obstruction of performance of official duties

(b) General traffic obstruction;

(c) Damage to public goods;

(d) Violation of the Assembly and Demonstration Act;

Defendant

1.(d)F

2.(a)(c)(d) CE;

Prosecutor

Olwon

Defense Counsel

Attorney PH, PI, BN, AY, PM (private ships for all defendants)

Law Firm PO, Attorney in charge PP (private ships for defendant F)

Law Firm HE, Attorneys in charge HF (private ships for all of the defendants)

Attorney P Q (private ships for all the defendants)

Imposition of Judgment

December 7, 2007

Text

Defendants shall be punished by imprisonment for one year and six months.

The number of detention days prior to the pronouncement of this judgment shall be 59 days included in the above sentence against the Defendants.

However, the execution of each of the above punishment against the Defendants shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal History Office

Defendant F is the executive director of “HK” (hereinafter only referred to as “HK”) who is a federation of various social organizations in an inventive inclination, who works as the joint executive director of the HS (hereinafter only referred to as “the HS”) and Defendant CE is the director of the organization of “HK,” and is a person who works as the joint executive director of “the HS” as the director of the organization of “HK,” and

1. The HS shall have an office in the Yeongdeungpo-gu Seoul Metropolitan Government MF Building for the purpose of participating in 270 social organizations around March 28, 2006, including ISO, HK, IT, IT, BV, LE (hereinafter referred to as the “LE”), EU Party, CP, and ME, and for the purpose of preventing and opposing the Free Trade Agreement with the U.S. being promoted by the Government, and shall have an office in the office as a joint representative, and the Secretary General, etc., as the joint representative, and shall have an executive office with the head of the joint situation and the head of the organization as the working-level director, and shall have an executive office with 16 subcommittees, such as agriculture, public services, health and medical care.

- Various assemblies organized by the HS have been held in such a way that the meeting of the executive committee led by Defendant F, the co-chairperson, resolved on specific matters such as time, method, number of participants, mobilization of equipment, and the route of progress at the meeting of the executive committee, presented the above agenda to the meeting of the joint representatives of the HS, decided on the agenda as a whole at the meeting of the joint representatives present at the meeting of the meeting of the representatives of the HS, and the executive members such as Defendant CE have been held in such a way as to execute the expenses relating to the meeting, to install the meeting site, to prepare the meeting goods, to prepare the meeting goods, to have the witness at the meeting at the meeting site, to have the police contact

(a) The Defendants do not report an assembly in collusion with the CA (the Joint Representatives of the HS, the ISO, the HK Standing Representatives), HV (HISD Joint Representatives, the LE Chairman), the IE (Chairperson of the HS Joint Implementation, the Secretary General, the MF General, and the LE (the Director General of the HS), etc.;

On July 2006, in order to prevent the second negotiation of the Korea-U.S. FTA, MH was reported to proceed with 'MH' at least 20 around Cheongdae-dong Office, the second negotiation period of the Korea-U.S. FTA, in front of the 20th Cheongbuk-gu, the Board of Audit and Inspection, front of the Cheongbuk-dong Office, and the delivery of the office of Cheongbuk-dong Office, but it was judged that collective assault, threat, damage, etc. and that it would clearly pose a direct threat to public safety and order, despite the notification of prohibition of outdoor assembly from the head of the relevant police station, the head of the relevant police station has been notified of the prohibition of the outdoor assembly. However, at that time, the head of the relevant police station held a "MI" meeting with the executive branch of the HS and workers, farmers, students, etc., and held a "MI" meeting in conjunction with the Seoul Squ, and decided

- The MJ 16:25 held the third KY in the order of black color (Ga 30cm in length, 40cm in length) written in the letter of the 28,500 members of the HS, such as workers, farmers, and students, at the Seoul Squa located in the Seoul Squa, 31, and the 300 members of the CP, namely, the joint speech, singing-free cultural performances, and 'FTA' in the 17th group representatives in the society of Defendant F, namely, the 30cm in length, the 40cm in length, the 50cm in length, and the 300 members of the CP, who are members of the CP, tried to enter the luminous area from the 17:20 square to the luminous area, and installed the bus with the flabbed bus in hand, tightly cut the flab, and flab,

- 10,000 farmers and others move from the Seoul Square to the Square of the police around 20:00 U.S. The police attempted to move to the Bomb and the Bomb road in Jongno-gu Seoul, Jongno-gu, Seoul, after moving the alley to the Bomb and the Bomb road located in Jongno-gu, Seoul, from around 18:30 to the Bomb and the Bomb road, while moving to the Bomb by the police around 20:0;

- At around 17:40, the number of 11,00 members of the CP were moved to the Intersection 17:40, and the police attempted to enter the Embassy in the future at around 19:10 U.S. Embassy, at around 19:10, the number of 30 bamboo fighting units and body fighting units, and the number of walls installed by using the bus with a flag fighting unit at prices.

- At around 18:00, 3,000 members of the CP are moving to the National Assembly of U.S. at around 18:30, and the police are moving to the Embassy at around 18:30,00;

- 11,00 members of the HS moved in the future of the U.S. Embassy will occupy a lane in front of the U.S. Embassys in Jongno-gu Seoul, Jongno-gu, Seoul, and hold a conference into the society of the JU, the incidental unit of the EU, and will cover 50 straws and 50 straws to the U.S. Embassys;

- At around 19:40 on the same day in the course of the above unlawful assembly, HV, before the above Embassy, speaked that “us will stop the Korea-U.S. Free Trade Agreement without any condition. Doctrine will lead farmers and workers to stop the Korea-U.S. Free Trade Agreement by leading the general strike,” and EM speaks that “I will go off the age of the No.S. in the course of the above unlawful assembly” as “I will go to the negotiation process.”

- The Defendants exercise overall control over the above assembly process

○ Access to traffic, such as holding an outdoor assembly not reported, going to and from three-lanes to four-lanes, going to and from three-lanes, going to and from three-lanes, going to and from three-lanes, going to four-lanes, going to and from three-lanes, going to and from three-lanes, and going to and from one-lanes, going to and from an internal e-mail to an internal e-mail;

B. Defendants in collusion with CA, HV, EM, etc.

On November 2006, 2006, MK name ‘I Q Q, ‘Korea-U.S. FTA' for the purpose of holding, ‘Korea-U.S. FTA', ‘Korea-U.S. Free Trade Organization', ‘Korea-U.S. 4 p.m. to 4 p.m. of the venue of holding,', ‘S. Sc. Sc. P. P.m. in Seoul,', ‘V. ML, HY, MV, MM, CA, KJ, LF, MN, MN, MO, MO', contact officer', HX, MP, MP, MT, MV, MV, MM, Defendant 3, MY, MY, MY, MY, MY, and MR', ‘Seoul-U.S. P. M. 4m. P.m. in front of the opening period', ‘Seoul-U. M. M. M. M. M. by 1', ‘M. M. M. M. 4m.

- At around 16:30, in holding the “I Q” to Defendant F’s society, together with more than 8,00 members of the HS in Seoul Squa, around 16:30:

- CA은 "선생님들이 연가를 내어 합법적으로 모였다. 몸으로 싸워 온 노동자들에게 정부는 노동쟁의 요건에 해당하지 않는다며 정치파업을 한다고 뒤집어쒸우고 있다"라고 발언하고,

- KJ has collected many number of persons throughout the country without any example at the same time. The Korean-U.S. FTA is observed by each 17 organizations, including, but not limited to, the statement that the Korean-U.S. FTA is "a person who has been able to prevent Korea-U.S. FTA by combining power," and the model flag, gladation, or gladation of luminous symbol, etc. has been disturbed on the joint board with which the model fladic picture, or gladic picture is attached;

- HV and KL shall proceed with the assembly in such a way as to read the alternative government demands such as “IsU.S. beef imports with a risk of luminous diseases, i.e., immediate suspension, screen quotas restitution,” etc. after the negotiation of the Korea-US FTA.

- From 17:35 to 18:05 on the same day, 2,300 members of the HS use two lanes, and proceeds from the operation of two lanes from the Seoul Square to the Cheong System square after the passage of the Round-ro-ro route, the luminous Round and the luter-ro.

○ 17:18 to 18:05, a demonstration after sunset of about 47 minutes, and an act of substantially deviating from its scope, such as the purpose, date, time, place, method, etc. reported as the organizer of the assembly;

C. The Defendants conspired with EM,CC, etc.

On November 1, 2006, 15, at the Southern Police Station, it submitted a report of assembly to hold the MZ in the Seoul Station from KM to sunset, and on the 24th day of the same month, it submitted a report of assembly to hold the Seoul square from KM 10:00 to GM 10 days, but it was determined that the assembly would clearly pose a direct threat to public safety and order due to collective violence, intimidation, damage, etc. by the South Seodaemun Police Station and received each notice of prohibition of assembly on November 16, 2006 and on the 24th day of the same month, the assembly was resolved to proceed with the assembly at that time;

- At around 16:30, KM 16:30, the Jung-gu Seoul Jung-gu Ro-ro 1 occupied a two-way lane, 500 members of the KN, 200 students, 400 students, and 400 other members of the CP, and fla cards, participating organizations' flagpoles, 50 U.S.A. Free Trade Agreement, including fla cards, participating organizations' flagpoles, 20 flazers, and flap hotel in front of the Dong-dong-ro hotel, after completing KS, and completing 1,500 members of the CP, including 50 members of the KN, 400 students, and 400 other members;

- From 18:55 to 19:52 on the same day, Huo-dong 1, Jung-gu, Seoul, Gao-dong 1, 6, Gao-dong, Gao-dong 1, Gao-dong 1, 6, is not an illegal assembly, and EM is not a national assembly. The actual situation of this country is to enter into an FTA with a large price of real estate and to enter into a free trade agreement. Hao-dong 1, 19:52.

4. The Defendants did not report an assembly in collusion with EM, HV, HW, HW, HX, HY (the Joint Representative of the HS, CP Chairman), etc. for about one hour after sunset.

HU 13:50, after passing through the “HZ” held in the NA’s society, a member of the EU, in the fourth lane of the Jongno-gu Seoul Metropolitan Solar Park, in which 5,000 members of the EU are present at the same time as the host of the EU Party, and:

- At 15:45 on the same day, while not less than 5,000 members of the HS are present, the 'NB' cards are opened at the mobile stage with four lanes preceding the park in the above Maron, and the 'NB' cards are held:

- The participants in the assembly call for the refusal of non-regular Presidents and the re-revision of the National Assembly. The request is made to suspend the import of Mad Cow Disease Cow Disease in the United States. The Korea-U.S. FTA negotiations will be suspended as much as the participation in the conference will bring about a general crisis. The participating government will judge the K Q Q regime as it is in the overall crisis; and

-HV should take a more strong studio in the year when the participating government implements the Korea-U.S. FTA and seeks to see farmers and workers by pursuing the Korea-U.S. FTA, and if it fails to take the last place within this month, it should take a more strong studio. The hV makes a statement to the effect that “I wish to take the studio that can be followed by the world with the Korea-U.

- From 17:00 on the same day, 4,500 members of the HS consisting of three ophones, and re-convened in the vicinity of the Scenarle, and the police and body fighting are punished. At around 19:10 on the same day, 2,000 members of the HS move to a luxian hotel and hold a meeting HD to the society of the wounded.

○ An outdoor assembly that is not reported and interferes with traffic, such as four lanes for universities and the route hotel in front of the Liberian;

E. The Defendants did not report an assembly in collusion with the CA, EM, HV, NE, etc.;

On January 2007, 2007, when it was determined by the Chief of the Roman Police Station to have a direct threat to public safety and order by collective assault, threat, damage, etc., and the notification of prohibition of assembly was given, but it was decided to enforce the NC by using the NF of the EU host scheduled to hold ND, after it was decided to enforce the NC by force;

- ND 15:35 At the end of 'NF' held in the presence of 3,200 members of the EU Party at four lanes of the Park as the host of the EU Party:

- With approximately 3,200 members of the HS from 15:40 to 16:40, in the event of setting up a NC card for the mobile stage used at an assembly organized by the EU Party and holding an assembly, with four lanes in front of the park:

-CA was obstructed by violent police referring to democratic police in each country. K Q regime must respond to violent police and send it to prison, and Korean government officials are government officials working for U.S. capital. We cannot accept such Korea-U.S. FTA negotiations and must end up to the end for the Republic of Korea-U.S. FTA for the Republic of Korea-U.S. FTA negotiation, and burns milch shape symbolizing Mad Cow's disease;

- HV makes a statement to the effect that “The negotiations with the United States are underway prior to the rapid termination of the Korea-U.S. FTA negotiations. As a result of the Korea-U.S. FTA negotiations, the Korea-U.S. FTA should be suspended to the extent that the dead farmer is against several hundreds.”

- The NE reads out the written resolution that “IE will suspend the Korea-U.S. FTA, i.e., the suspension of the FTA, and to stop the Korea-U.S. FTA due

○ Holding an outdoor assembly not reported;

F. Defendants in collusion with CA, LF, NE, etc.:

On February 7, 2007, when there are 2,00 or more members in the NG seeds and seedlings Park [the submission of a report of assembly with the purport of holding NH "NH" and promoting school parks], on February 8, 2007, the Seoul Local Police Agency received from the Commissioner of the Seoul Local Police Agency a notice of its withdrawal from the conference because it is clearly determined that it would pose a direct threat to public safety and order due to collective violence, threats, destruction, damage, etc., but at that time, the above assembly was compelled to be held. At around 16:30 of NG 1, NI was convened, while there are more than 40 members of the HS in front of the Bo-ro 1, Jongno-gu Seoul Metropolitan Government on the street side where NG 1 is a member of the HS, 200 cards, broadcasting equipment, flag, 30 flag, etc. containing the content of 'NI's card, broadcasting flag, 30 flag, etc.

- CA is promoting that "the Government will grow up in the national economy if the Korea-U.S. FTA is concluded," but all of them are false according to our review. The same applies to those who promote the Korea-U.S. FTA. The country in writing is in the United States of America. It is a country in which all the people have to work to restrain the Korea-U.S. FTA. To prevent the Korea-U.S. FTA, all the people have to work."

○ Holding an assembly with notice of prohibition;

G. In collusion with the CA, EM, HV, HW, IB, etc.:

From March 8, 2007 to April 2, 2007, in order to determine that the 8th negotiation of the Korea-U.S. FTA, which is held at a pcom hotel located in Yongsan-gu Seoul Metropolitan City, is a de facto last negotiation, and to prevent this strongly, a conference report was submitted at the closing police station around March 3, 2007 to hold the NJ at a retired park on March 5, 2007, but it was clearly determined that it would pose a direct threat to public safety and order due to collective assault, threat, damage, etc., and received a notice of prohibition from the senior chief of the police station from the senior chief of the police station, despite the fact that each social organization received a notice of prohibition from the senior chief of the police station, it was decided to hold each summary meeting at a place located in Seoul Metropolitan City, such as the Seoul-gu square, Seodaemun-gu, Seoul Metropolitan Government, and that it was fluited with a lusical and bruting.

- At around 14:40, more than 30 members, such as LE members, etc. belonging to LE in the forum in the Seoul District of Seoul District, the Secretary General of LE conducted the IE Social and LE Speaker HV meeting under the direction of LE Director HV, and the group of members of HS such as members of the CP at around 14:50 on the same day, more than 1,000 members of the HS, such as members of the CP, etc. belonging to the CP, occupy four lanes in front of the red transit area in Seodaemun-gu Seoul District of Seodaemun-gu Seoul Metropolitan Government;

- At 15:20 on the same day, 1,00 members of the CP, 500 students, 500 KN members, 1,000 members of the HS, including those of the KN members, 3,000 other members of the CP, are gathered on the roads of new villages, using subways, and the "Korea-U.S. FTA reservoir" was promoted, and boomed on the front side of the EF;

- At around 15:40 on the same day, 3,00 members of the HS who arrive at this terriri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri)

- The CA has been doing so by polying the source chain of police. All us all tryed to see that “I am stiking against Korea-U.S. FTA negotiations until the end,” and

- EM is the President of the Republic of Korea. In the event of seals affixed to the Korea-U.S. FTA negotiation at a peach hotel, we will know that K Q is not the President of the Republic of Korea. In such a way as inducing the demonstration team by speaking as DOWN and DOWN FTA, and attempting the collective progress of the demonstration group by more than 2,000 persons around that time.

○ Disturbing traffic by holding an assembly with the notice of prohibition, and occupying the nine-lane lane from the above-ro 1 Ghana to the west-ro 30 minutes, from the above-ro 30 minutes to the west-ro, thereby preventing traffic flow;

(h) The Defendants, in collusion with the CA, EM, HV, HW, IE, KA (the Director of the General Act on Duties of the HS, IT Full-time Representative),CC (the head of the HS organization team, IT Full-time Chairman), IB, IG (the Director General of the HS Joint Execution Bureau, the Director General of the CP), IH (the representative of the Joint Executive Director of the HS of the HS), and IH (the highest member of the EU) at the same place using "NK to be held at the Seoul square," which will be held at the seat of the ID EU, collectively conduct the NL at the same place, and have decided to hold a reorganization assembly by gathering in front of the U.S. Embassy;

- At the end of the NK held by the EU as a member of the HS at the small and medium Seoul square in the ID Seoul Central District, with more than 7,000 members of the HS, following the completion of the term “NK” held by the EU, at around 15:40 on the same day, and with more than 7,000 members of the HS, the CA must stop the KA to the society at this time “Korea-U.S. Free Trade Agreement”. - The CA has instigated “IF(s)”, “IF(s) going into force for the payment of the end together with various parts present at the end,” and following:

- 7,00 members of the HS who participated in the above assembly are divided into six large stories and two thousand persons out of 16:45 to 17:50 on the same day, the two thousand persons out of 2,00 shall be the U.S. Embassy in front of the Guro 1-ro 1, luminous Roster, luminous Round, Sejong Ro-ro Ro-dong Ro-dong Ro-ro, Annbrogian Ro-ro, Sylon, and luminous Round, five hundred persons shall be the U.S. Embassy in combination with two hundred members of the above HS; two thousand persons shall be the two thousand U.S. Embassy, two thousand U.S. under two thousand U. S. dollars, newspaper, Sejong Ro-ro Roster; one,00 U.S. Embassy shall be the Republic of Korea Red Cross; one,00 U.S. Embassy shall be the first five U.S. Embassy, five U.S. Embassy in front of the No.

- During the process of holding reorganization assemblies, such as moving ahead of the above U.S. Embassy with 7,000 members of the HS from 17:50 to 19:25 on the same day, and moving ahead of the above U.S. Embassy, such as impairing the Han-U.S. FTA counter-fuse cards, diskettes, flagpoles, etc. to the society of IB, and raising relief:

- HV has been gathered to this place in spite of interference with the police in order to prevent the nationwide FTA negotiations. Since the 131-year reinforcement treaty, similar inequal treaties have been resumed. The U.S. has made a high-level meeting prior to the high-level public offering of the highest level of resistance, but us has been gathered to prevent it from doing so. The last part of it is to say that “the president is in violation of the Constitution,” and the EM is the issue of “the President is going against the Constitution, and the EM is the issue of Pyeongtaek-U.S. Free Trade Agreement.” On March 28, 2003, the EM took advantage of the power of the public.

- TH is not clear by the President that, “The President was aware of the fact that it was an agricultural issue against the people during the twenty (20) years, and what it was considered for farmers to be satisfy.” The President of the Republic of Korea must say that our EU Party has to establish a public-private regime taking advantage of the Korea-U.S. FTA and taking advantage of it on the satisfy.”

○ Disturbing traffic by holding an unreported outdoor assembly, and preventing traffic from being flowed on the 16-lane prior to the 16-lane prior to the front line, through newspapers, solar routes, e.g., e., e.s. for about one hour and thirty-five minutes;

(i) The Defendants, in collusion with the CA, EM, HV, HW, IE, CB,CC, HX (the deputy chairman of the HS joint enforcement committee of the HS, the CP), IU (the chairman of the HS joint enforcement committee of the HS, and the KP representative), did not make a report of the meeting, and the result of negotiations may be determined by the decision of the President of the Republic of Korea-U.S. on March 2007, 207 by the decision of the President of the Republic of Korea-U.S. Free Trade Agreement. In order to deliver the strong warning message to the President in order to deliver it to the President, the Defendants, in front of the office of the Korea-U.S. Cheongba FTA negotiation, adopted a resolution to promote the conference collectively on the Cheongban and the front side of the office of the Republic of Korea-U.S. government agency located in Seoul SP at around 16:40.

- EM speaks that “I will become an economic colonism when concluding the FTA. I will be punished against the opposition to the conclusion of the FTA and the K Q Q regime withdrawal movement to prevent it from becoming a food land.”

- HV speaks that “The gold-day FTA conclusion declaration is trying to be made. If it unilaterally disregards the majority’s opinion and concludes and concludes a FTA negotiation, it would be punished for a strike for the invalidation of the FTA and the K Qu regime withdrawal movement,”

- HX is the form of exporting labor-intensive agricultural products in developing countries and importing technology-intensive industrial products. The FTA should accept all agricultural products and industrial products.

Accordingly, this FTA is null and void. Following the statement that it will be punished for invalidation, rupture, and Q Quout campaign in the future:

- At around 20:40 on the same day, at the Jung-gu Seoul Central Joint Seoul square, 400 members of the CP belonging to the CP, 100 members of the EU, 500 students, and 500 members of the HS such as the number of members of the 1,500 members of the CP, Defendant F, holding a meeting with the Korea-U.S. Free Trade Agreement (U.S. Free Trade Agreement) card, broadcasting vehicles, diskettes, etc. and ice HD into U.S. society, saying, Defendant F, through mobile phone voice message, “The Korea-U.S. FTA negotiation should suspend the negotiation of the Korea-U.S. FTA”

- At around 22:20 on the same day, the IJN, who completed the above assembly, made a statement that "the participants expressed our will and prevented the net nationality FTA by entering into the luminous area", that "the participants occupy the front line in Seoul, Jung-gu, Seoul, and run to the Automatic Automatic located in Jongno-gu in Seoul, Seoul, via the third class, while moving into the front line at the same place, and holding the reorganization assembly, the CA declares that "the many times have occurred in the territory of the Republic of Korea in the territory of the Republic of Korea";

- HV makes a statement that “The Government is trying to make a conclusion without closing the Korea-U.S. FTA. In order to prevent the conclusion of the Korea-U.S. FTA, which is against only 480 million people, the Government must set aside this FTA as a more extreme strike than the last year.”

- HX argues that there is a lot of FTA that it would be no longer lost than that it would be obtained. The voice that the beef market should be delivered to the United States is the beef market. We will make a statement to the end that the negotiations should not be concluded by the last day.

○ Holding an unreported outdoor assembly, holding an assembly after sunset, holding an assembly from around 22:20 to around 00:25 of IK 22:20, occupying an eight-lane road from around 22:20 to around 00:25 of IL to hamper traffic;

(j) The Defendants conspired with EM, HW, IB,CC, HX, etc. without reporting an assembly; - At around 19:25, JO 19:25, the Defendants proceeding at night meetings ice HD to the society of the head of the HS literature and art team DG during the participation of 2,500 members of the HS at the Seoul square, - at around 19:50 on the same day - 19:50, EM states that “Korea-U.S. FTA is not necessary but absolute, so it must prevent so.” On the same day at around 21:35 on the same day, HX continues to undergo an FTA strike after asserting against the FTA at the PCP at the PP at the PP at the PP at the PP at the end of this day with the intent of NM at the end of this day. As the present government continues to meet the negotiation cycle, the CP does not jointly and severally extend the negotiation with the organization.”

- At 21:40 on the same day, members of the HS 2,000 persons are occupying the lanes in the course of moving to the Roro-ro, luminous Round, luminous Round, Sejongro 2-ro, Scarri, Scarri, Scarri, Scarri, and Sari-ro Rori-ri, and on the same day on the front lane of the Korean Trori-dong located in Jongno-gu Seoul, Jongno-gu, Seoul to the society of IB at around 22:05 on the same day, and attempt to enter into the Domo-ri, Cheongpo-ri, Cheongpo-ri, and Cheongpo-ri;

○ Hosting an unreported outdoor assembly, and interfering with traffic by making it impossible to communicate with a vehicle that is sent prior to the front line, equitable street, paper 1 street, west Roster, luminous language post office, front line, Cheongsan square, Sejong-ro, newspaper, etc.;

(k) The Defendants did not report an assembly in collusion with EM or EE;

After the completion of the NP as reported in the CPNU to invalidate the NP negotiation, the NP held the NP at the same place after the end of the NP as reported in the NP, and resolved to proceed from the university to the Seoul SP, at around 16:30, the NR 16:30 terminated the NP’s “NP” of the CP sponsor at the fourth lane in front of the park in Jongno-gu Seoul, Jongno-gu, Seoul.

- 같은 장소에서 HS 회원 5,000여명과 함께 "MI"라는 플래카드를 설치하고, IE의 사회로 「NQ』를 개최하면서 EM은 "전과3범인 KQ 대통령을 체포하면 우리가 이렇게 모일 필요가 없다. 또한 국가주권도 팔아먹었기 때문에 국보법 위반으로 체포해야 하며 한미FTA체결이 무효임을 선포한다"라고 발언하고, 같은 날 16:35 경부터 18:05경까지 HS 회원 5,000여명이 대학로, 종로5가로터리, 종로2가로터리, 을지로2가로터리, 서울광장까지 편도 2개 또는 3개 차로를 따라 행진하는 등

○ Holding an outdoor assembly not reported;

(l) On May 28, 2007, the Defendants conspired with the CA, EM, IF, HX, Q (DP Vice-Speaker), HW, and JP (the head of the external co-operation office of the HS). On May 28, 2007, the Defendants submitted an assembly report to hold the NT in the name of the CA in the name of the International University at the front of the Seoul Metropolitan Police Agency on May 28, 2007, but it was clearly determined that the Defendants would clearly pose a direct threat to public safety and order due to collective assault, threat, destruction, damage, etc., and provided that the Seoul Police Agency notified the Seoul National Police Agency of the ban, despite the receipt of the notification from the Seoul National Police Agency of the ban, 'NU' was strong, and at around 15:15, 'NU' was terminated at the fourth-lane university located in Jongno-gu Seoul Central Government University, and at the same location, 'NUU' was removed from the 30th anniversary of Korea-U.M FTA.

- HX made a false statement to the effect that "We have no way to do so for the past 49 days, and it is difficult to see that the K Q Q regime is promoting the Korea-U.S. FTA, and it should be prevented, and in order to protect our right to live in the future to the extent that the Korea-U.S. FTA is in progress with 41 countries in the future, it must be prevented." The CA is conducting the above assembly in such a way as "IF, etc., which are co-representative of the HS, and the CA is proceeding from 16:50 to 17:45 on the same day, 4,00 members of the HS from 16:50 on the same day to 17:45 on the same day, shall start with the university in the order of wind flater, flad, flae, flad, flad, flad, flad, flad, and fla 2 in Seoul.

○To interfere with traffic by hosting an assembly with the notice of prohibition, and occupying a four-lane for a university for about one hour and thirty minutes;

(m) The Defendants do not report an assembly in collusion with the CA, EM, andCC, and without reporting an assembly from 17:30 to 18:19, the Defendants held a non-reported illegal assembly called "I Q Q in the Republic of Korea-U.S. FTA, Korea-U.S. FTA, which unilaterally leads the U.S. demand from the U.S., leading the U.S. to the U.S., and includes education, culture, health, medical care, military affairs, and judicial sovereignty, and this is the main part of this land. We do not have a common jurisdiction. We are the states of our country, and we are the main part of this land. It is the Republic of Korea-U.S. FTA, which, in the first place of the CA members from 17:30 to 18:19, has been taking part in the CA members, and the participants of the CA-U.S. FTA, which, without being aware of the damages caused by the CA members' rally, is the participants of the Korea-U.S.

○ Hosting an unreported outdoor assembly, and interfering with the traffic of the two-lanes on the west, paper 1-ro, paper 1-ro;

2. The "JN" (hereinafter referred to as the "JN") is an organization organized on November 23, 2005 in order to request the NW Seoul Metropolitan City's 'NX' that was present at the "NX Park" on the 24th day of the same month to die due to brain damage caused by cerebrovascular, on November 25, 2005, 59 organizations such as NY, LE, HK, IS, LT, EU parties, together with 59 organizations such as NY, LE, HK, IS, LT, EU parties, and the punishment for the actual fact-finding and responsible person for the KV death, the invalidation of the "rice negotiation bill" passed at the National Assembly on November 23, 2005, and the fundamental measures for the rehabilitation of agriculture; various assemblies hosted by JN have attended the meeting, such as Defendant F, IB, NG and MG meetings, the joint chairperson of the Assembly's meeting to participate in the meeting, the method and method of the joint chairperson's participation in the meeting.

가. 피고인 F은 CA, EM, HV, IF, IB, OD 등과 공모하여, | JM 13:50경 서울 종로구 혜화동 소재 마로니에 공원에서 농민 등 4,000여명이 참석한 가운데 KT 정책위원장 OA, LE 사무총장 OB 등의 사회로 「OC」를 개최하여 16:05경 행사를 종료한 후, 같은 날 18:35 경부터 23:15경까지 위 세종로로터리 전차로를 점거한 채, 상피고인 CE의 사회로 HD를 빙자한 집회를 진행함에 있어, HV은 "이 자리에서 죽자, 故 KV의 형님 등 농민대표단이 청와대에 있는 대통령을 만나게 해달라"라고 발언하고, 성명불상자는 "차벽을 무너뜨리자"고 선동하고,

- The CA speaks that "if a farmer holds an event in the long distance of time, and the body of the KV branch is not opened at the Seoul large hospital, he would want to dance at this place. However, the death of the KV branch will be us flat."

- The Defendant, at the stage below, is expected to proceed with the 2st CP, and the Defendant would concentrate on the CU assembly and cultural festivals from the date of the enactment to December 3, 12. On December 4, 199, the cU assembly and cultural festivals will be held equally. The cU assembly and the cU assembly will be held on December 12, 100. The cUY will be held on October 2, 199. A large number of sessions will be present. It is called “I will draw a cU assembly and cultural system.”

○ Obstruction of traffic by making the passage of vehicles across about 3 to 55 minutes from the direction of the central office of government in Seoul Central Office at the Central Office of Government;

B. Defendant CE in collusion with the CA, EM, HV, IF, IB,OD, etc.:

- From around 16:05 IM 16:05, following the termination of the OC and events, - from 18:35 on the same day to 23:15 on the same day, while holding a meeting HD to the Defendant’s society, HV speaks that “IV speaks that, “IV’s representatives, such as dead persons in this fluencies and fluoring of accident KV, who are in Cheongban, will boom the president in this fluence,” and inciting the name unrefluencing person as “the fluor”;

- The CA is the core that, if a farmer holds an event in the long distance of time, and the body of the KV branch is not opened to the Seoul Metropolitan Government Hospital, he wishes to dance at this place. However, the death of the KV branch is us."

○ Obstruction of traffic by making the passage of vehicles across about 3 to 55 minutes from the direction of the central office of government in Seoul Central Office at the Central Office of Government;

○○ attempt to attach a fire to the police bus parked with the front wall by the participants in the assembly participating in the assembly as above. During the process of cutting off the air Z(21 years old), the victim IZ(21 years old) belonging to the 1 Dong-dong Seoul Central Office of Seoul, which prevented the participants from driving at the government office building, the victim IZ(21 years old), the front face of the participants can be taken once, the back head is taken one time, and the JE(20 years old), JA(20 years old), and the 20 years old. The 3rd hand of the JA is opened, using each item and pipe, the 3rd hand of the JB bus driver's body's laps and the 30th body body's lapsy, and the 30th body's laf's laf's laf's laf's laf's laf's laf's laf's laf's laf's la.

C. At around 11:20, the Defendants, in collusion with OD, IB, etc., did not report an assembly, and at around 11:20, the Defendants held a meeting of the representative of the National Assembly in the order of the announcement of the national emergency declaration in the order of the national emergency declaration of the contents of “the meeting of the representative of the National Assembly in case of emergency”, such as: (a) 100 members belonging to JN are present in the vicinity of the tent installed in the People's Republic of Jongno-gu Seoul Jongno-gu, Jongno-gu, Seoul; (b) Manono, Si, Mano, and the national life warehouses of the nation. The Government holds a meeting in the order of the announcement of the national emergency declaration of the contents of “the meeting of the representatives of the National Assembly” in order of the people’s active participation.

- At around 12:30 on the same day: (a) communicate the declaration of the conference of emergency representatives of anti-public organizations, society, and non-public organizations, namely: (b) trying to move to the Cheong and anti-public premises; (c) proceed with assemblies by means of police and body fighting;

○ Holding an outdoor assembly not reported;

D. Defendant F makes a statement to the effect that, in collusion with HV and IB, Defendant F does not make a report of the assembly, from 11:05 to 11:35, to 50 members of the JN before the National Police Agency located in Seodaemun-gu Seoul National Police Agency located in Seodaemun-gu, Seoul, 209, 10 broadcasting cars, 10 tickets such as 'KV', 'KV', 'IV', 'IV', and 'IG', 'IG', 'IG', 'IG', 'IG', and 'IG', 'IG', 'IG', and 'IG', 'IG', and I will request the National Police Agency to have an official interview with the National Police Agency, and if there is an attempt to enter the National Police Agency', 'I will request the National Police Agency to have an official interview with the National Police Agency', and the defendant will make an official interview with the National Police Agency.

○ Holding an outdoor assembly not reported;

E. Defendant F, in collusion with HV, IB, and at around 14:20 members of JN in Marn Park, in which there are 2,00 members belonging to JN in Marn Park, the activities of human rights groups in the Defendant’s society are reported of the strike and JN Base literary performances, HY and KS’s political speeches, literary performances, and KT Vice-Chairperson’s "KU" in the process of the restructuring of new neobism, including an accident KVV farmers, 2005, more trainly started to move in the middle of 2005 so as not to be vailated with the will of workers of large number of workers in the process of the restructuring of new neobism, including an accident KV farmers, and the removal of the KW and KX from office by 16:15:15:20 on the date of the completion of the assembly, 15:20 on the day of the implementation of the assembly, 20 on the day of the enforcement of the assembly, 15:10 on the male Park.

- 같은 날 17:25경 사회자 IB의 "청와대로 진격하자, 으쌰, 으쌰, 거의 뚫렸습니다, 조금만 더 힘내십시오"라는 선동발언에 의해 집회 참가자자들이 경찰을 밀치고 이순신 장군 동상 앞으로 진출하여, 세종로 교차로 및 왕복 16차로를 점거하고, 같은 날 19:20경 위 집회 참가자 중 60여명은 서울 종로구 효자동 192에 있는 범혜사 앞에서 IB의 사회로 약 30분간 촛불추모제를 진행하고, 같은 날 19:30경 집회 참가가 중 700여명은 서울 종로구 소재 지하철 3호선 경복 궁역에서 청와대 방면으로 진출을 시도하였으나 경찰의 저지로 청와대 방면으로 진출하지 못하자 경찰과 몸싸움을 하다 지하철 3호선 경복궁역 지하 1층에서 정리집회를 하는 과정에서 - 피고인은 행진대열과 함께 마로니에 공원에서 종로, 교보소공원을 지나 경복궁역까지 행진하고, 정리집회를 진행하는 등으로

○ Hosting an unreported outdoor assembly, holding an assembly after sunset, removing order maintenance lines, or harming their utility by any other means, and impeding traffic by making the passage of the vehicle from the 8-lane to the west and the 16-lane to the direction of the government central office at the office of Seoul and the 16-lane to the direction of the government central office for about 35 minutes;

F. Defendant F prepared f. In collusion with the CA, EM, and HV, without reporting an assembly, 11:25 members of the JN around the National Police Agency, f.m. 20 f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. 100 members of the J. f. f. f. f. f. f. f. f. f. f. f. f. f.

- The defendant makes a statement to the effect that he requests a meeting from the Commissioner General of the National Police Agency, demands a meeting to enter the National Police Agency and demands a meeting

○ Holding an outdoor assembly not reported;

G. The Defendants, in collusion with the CA, EM, HV, etc. without reporting an assembly, and with 50 or more members, includingIN members and university students, around 14:25 at the office of the Jongno-gu Seoul Cheong Campaign, set up a flock card stating "the detention of a person responsible for the dismissal of the Commissioner General of the National Police Agency", the dissolution of the flag group, the murder violence regime, and the Cheongbol Cheongbang," and the Defendant F’s society, while carrying out the Defendant F’s check to urge the punishment of the President and the responsible officer, the Defendants were to take the following measures: (a) remove from the office of the public; (b) remove from the office of the public; (c) remove from the office of the public; (d) remove from the office of the public; (d) remove from the office of the public; (e) remove from the office of the public; (e) remove from the office of the public; (e) remove from the office of the public; and (e) continue to carry out the 30th of the public assembly.

- From 15:20 up to 15:20 up to 20 days old houses, including Defendant CE’s cE erosion, with a view to 3 days old houses:

○ Holding an outdoor assembly not reported;

H. Defendant F in collusion with 80 or more members of JN:

- From 20:10 LA 20 to 20:20 to 20 before the National Police Agency, 20 to 20 to clelelights, 4 flagpoles, 20 to clelelights, and to hold assemblies in society in favor of the winners of their names, - the names in favor of the ISOs are "KX is to cover," and the Commissioner General of the Korean National Police Agency will continue to be responsible for others; Cheongbu shall be called as "Ip Removal, i.e., the Commissioner General of the National Police Agency," and LB of the 20th Youth branch of the EU Party shall not be independent of the right of the police to cleb as long as there is kX, a criminal who died of 2 people;

- The Defendant, along with the participants in the assembly, performs relief, such as "the Commissioner General of the National Police Agency", and the participants in the demonstration are holding physical fighting with the police, etc.

○ An unreported outdoor assembly, and host an assembly after sunset for about 1 hour and 10 minutes;

(i) Defendants, in collusion with CA, EM, HV, OD, etc., did not report an assembly, and expressed that, around 14:25, the CL 14:25, the Defendants, at the right right side of the National Police Agency located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with 100 members belonging to JN, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, cannot comply with any law that KX is holding office in the future.

- The CA has been against the President and the Prime Minister, and there is no belief that KX has maintained the strings. The President of K Q Q means that KX is removed from office, i.e., i., removal, and Defendant F speaks that the removal of KX is “a simple farming defect by the time of retirement of the Commissioner General of the National Police Agency,” and the police would prevent the police from leaving the equipment prepared for the old time of the old time of the war while carrying out an assembly with the contents of requesting the removal of KX, such as speaking “a simple farming defect by the time of retirement of the Commissioner General of the National Police Agency,”

- 10 persons, including the Defendants, who participated in the demonstration on their job and attempted to enter the National Police Agency;

○ An outdoor assembly that was not reported was held.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Copies of each protocol of suspect examination of EM, CA, HW,OD, IB, and HV by the prosecution;

1. Statement of each police statement on PR, Z, JE, JA, PS, PTS, PU, PV, PW, PX, and Y;

1. Written statements of the PZ, QA, and QB;

1. Each notice posted on the Internet of the HS, any organization participating in the HS, any document within the HS, each outdoor assembly report, each notice of gold for each outdoor assembly, each letter of notice, each JN site notice, each JN site notice, each page notice, each information situation report, each information situation report, and each citizen's general substitute behavior guidelines;

1. Evidentiary photographs;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

○ Holding an unreported outdoor assembly

-IPs: Articles 22(2) and 6(1) of the Assembly and Demonstration Act, Article 30 of the Criminal Act (Selection of Imprisonment)

- Transfer of NR: Articles 19(2) and 6(1) of the former Assembly and Demonstration Act (amended by Act No. 8424, May 11, 2007; hereinafter the same shall apply), 30 of the Criminal Act

○ The holding of an outdoor assembly notified as prohibited.

- Articles 22(2) and 8 of the Assembly and Demonstration Act, Article 30 (Selection of Imprisonment) of the Criminal Act

- Transfer of IA; Articles 19(2) and 6(1) of each former Assembly and Demonstration Act; Article 30 of the Criminal Act (Appointment of Imprisonment);

Article 20 subparag. 1 and the main sentence of Article 10 of the former Assembly and Demonstration Act, Article 30 of the Criminal Act (Optional to Imprisonment)

○ Violation of the code of practice of organizers: Articles 19(3) and 14(4)3 of the former Assembly and Demonstration Act; Article 30 of the Criminal Act (Optional to Imprisonment)

Article 21 Subparag. 4 and Article 12-2 of the former Assembly and Demonstration Act, Article 30 of the Criminal Act (Appointment of Imprisonment)

○ General traffic obstruction: Articles 185 and 30 of each Criminal Code (Selection of Imprisonment)

○ Injury resulting from Special obstruction of Performance of Official Duties (Defendant CE): Articles 144(2) and (1), 136(1), and 30 of the Criminal Act.

○ Damage to Public Goods (Defendant CE): Articles 141(1) and 30 (Selection of Imprisonment) of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment imposed on Defendant F shall be the severe general traffic obstruction, and the punishment imposed on Defendant CE shall be the most severe penalty and the punishment imposed on Defendant CE shall be the concurrent crimes of injury resulting from special obstruction of performance of official duties)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Code

1. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act (The following favorable circumstances among the reasons for sentencing)

Judgment on the assertion of litigants

1. Political act or assertion of the possibility of expectation;

A. Summary of the assertion

The Defendants and their defense counsel wanted to clarify their opposition to the Korea-U.S. FTA, which would put a serious disadvantage to the people's lives through each IM assembly, but the government made a notification of prohibition of assembly on the ground of the positive law. This was not only an infringement on the freedom of assembly guaranteed by the Constitution, but also an infringement on the freedom of assembly guaranteed by the Constitution, but also an inevitable means to express the Defendants' opinions.

B. Determination

Various opinions can be presented about what is under the rule of law and free democracy system pursued by our country, and how to determine the method of realizing the same value even if the same value is the same, and even if the opinion does not receive a large number of support, it should be respected. However, it is not permissible to carry out such arguments in a way beyond the scope recognized by the law made by the representative elected by the Constitution and the people by the agreement of the people.

On the other hand, the freedom of assembly and demonstration has an essential function for the realization of democracy, but it is likely to cause public peace and order or legal peace and conflict because it is a freedom to express opinions in a collective form. Therefore, the Assembly and Demonstration Act provides that a person who intends to hold an outdoor assembly and demonstration shall report a certain matter in advance to the chief of the competent police station, who shall be reported to the chief of the competent police station, shall identify the nature and size of the outdoor assembly and demonstration in advance and protect legitimate outdoor assembly and demonstration by the report, and shall prepare advance measures to maintain public safety and order by preventing infringement of other persons or community interests through outdoor assembly and demonstration. This is the minimum measure to properly harmonize the freedom of assembly and demonstration and public peace and order. Moreover, the Act provides that a person who intends to hold an outdoor assembly and demonstration may exercise the right of assembly through objection and administrative litigation, etc. with respect to the notification of unfair prohibition by the chief of the competent police station

Therefore, even if the purpose of the IMF assembly is justified, the above argument by the Defendants and their defense counsel cannot be accepted, solely on the grounds that it is alleged that the purpose of the IMF assembly is justifiable, they cannot be recognized as a legitimate act, such as forcing an unreported outdoor assembly or prohibited assembly over several occasions, interfering with traffic by occupying the lane, etc., and there is no possibility of expectation of lawful act.

2. Determination on Defendant F’s assertion

The above defendant asserts that since the assemblies between KM and IP have occurred naturally by citizens separate from those planned by them, the defendant is not liable for the day during the assemblies. However, in light of the purpose of each assembly, name, participation objects, and their aspects as shown in the records of this case, each assembly actually conducted cannot be deemed as a separate assembly from those planned by the above defendant. Accordingly, the above argument is rejected.

3. Judgment on Defendant CE’s assertion

A. Summary of the assertion

(1) The above Defendant was unable to attend the assembly site after the issuance of a warrant of arrest after KR, and himself was merely a working person who installs IM, etc. at the assembly stage, and thus, the Defendant cannot be held liable as organizers or as co-principals for assemblies between KR and IPs.

(2) Although there is a fact that the above Defendant participated in the assembly and demonstration of QC, it did not participate in the assembly and demonstration of QC, but did not participate in the assembly and demonstration of violence at the latest after the prior assembly and the removal and rearrangement of the scene of the assembly, but did not immediately arrive at the scene of the CU assembly, and did not participate in the organized violence.

B. Determination

(1) In the case of co-offenders who act in collusion with two or more persons, the conspiracy is not required under the law, but is only a combination of intent to realize a crime. Even if there was no process of the whole conspiracy, if there was a combination of intent to commit a crime successively or implicitly between several persons, the conspiracy relationship should be established. A person who did not participate in the conspiracy has criminal liability as a co-principal even if he did not participate in the other conspiracy (see, e.g., Supreme Court Decisions 92Do2832, Jul. 13, 1993; 2003Do4320, May 11, 2006). In such case, if there was no possibility that two or more conspiracys were to occur from the initial method and form of the crime, the number of persons participating in the crime and its inclination, the time and place of the crime, the possibility of contact with others during the crime, and response to the intention to achieve the objective thereof, it would not be sufficiently possible that the two or more conspiracys were likely to occur during the crime.

(2) As to each crime described in Section 1. C (m) through (m) of the facts constituting the crime in the judgment (an assembly between KM and IP)

According to the above evidence, the HS is established as a joint representative of each participating organization participating in 270 social organizations, such as ISO, HK, IT, BV, LE, EU Party, CP, and MF, and as a joint representative of each participating organization, the Secretary-General, etc. as a working-level director, and as an organization with 16 subcommittees, such as agricultural, livestock, public services, and health care. Various assemblies organized under the HS are organized as an organization with the Countermeasure Committee by 16 subcommittees. Various assemblies organized under the HS shall be convened at the meeting of the Executive Committee led by the defendant F, the chairman of the joint executive committee, at the time, method, number of participants, mobilization of equipment, and the progress path, present the above agenda at the meeting of the meeting of the HS and resolve the above agenda as the only part of the joint representative present at the meeting of the meeting of the representative, and the defendant shall not accept the defendant, in light of the fact that the defendant, as a joint chief of the HK General and the Director-General at the meeting and management site of the HS, and other facts.

(3) As to the crime of obstructing the execution of special public service and damaging public buildings

According to the evidence mentioned above, the Defendant prepared and managed an assembly on November 25, 2005, such as (i) financial management such as assembly-related expenses, on-site management such as site installation, contact with the police, publicity of the media, etc.; (ii) around 16:05 JM assemblies were led by attending the assembly; (ii) up to 4,00 participants after the assembly was convened in Jongno-gu, Seoul; and (iii) up to 1:5 lanes, the police officers were able to see the Seoul Central Police Agency’s direction at the time of the assembly, such as the Seoul Central Police Agency’s order maintenance; (iv) at the time of the assembly, the police officers were able to carry out their duties at the time of the assembly, the first-lane of the police officers’ 1:6 lanes; and (v) at the time of the assembly and the second-lane of the police officers’ 2: the direction of the assembly, the participants were 1:5 lanes of the police officers’ distance from the second-lane election.

In light of the nature and circumstances of the above collective action, its size and form, specific method and process, the defendant's status and role in the process, etc., which are acknowledged in light of the above facts, even though the defendant did not directly participate in the above collective action, the defendant had dolusent intent to allow the occurrence of the result even though he sufficiently recognizes that the above collective action and assembly are followed by physical collision with the police's forces defending it, and the collective violence and damage resulting therefrom, and it can be seen that there was a contact with the person who directly committed such act of violence in order or implied intention. Thus, the above assertion cannot be accepted.

Grounds for sentencing

There may be a variety of opinions on how democracy or right to freedom can be set up as a value order, and such opinions should be respected as long as they are not the extreme position that denies democracy itself, and as such, seeking to pursue a pluralistic society where tolerance and diverse views coexist, there is no theory on the fundamental ideology of our Constitution. In addition, the Defendants’ opinions that require the minority to represent their voice so that they can enjoy reasonable treatment in regard to situations where minority sacrifice is likely to occur, should be respected within the scope that our society can accommodate.

However, the request for a statement of intent and the method of realizing it to achieve the objectives in a democratic society is unnecessary to maintain democracy. Nevertheless, even if the Defendants are aware of the fact that it goes beyond the limits recognized by the Constitution and laws by the democratic method and planning and hosting illegal assemblies, leading each assembly to seriously undermine the public public safety and order by seriously infringing upon the general public’s public safety and order by leading each assembly, and led each of the crimes in this case where each of the crimes in which each of the items and the pipes were mobilized were suspected of being purely committed during that process, and thus, they cannot be held seriously responsible for it. Furthermore, the actual human and material damage and social and economic loss caused by each of the above crimes are significant.

However, it is not determined that the Defendants reached the instant case from the desire motive for the sake of individual benefit-making; the Defendants do their best to hold a legitimate assembly; the Defendants’ compliance with the Constitution and laws and are going to go to a lawful act in the future; and the Defendants’ age, character and conduct, and motive, means, etc. of environmental crimes are determined in full view of the various circumstances that are the conditions for sentencing.

It is so decided as per Disposition for the above reasons.

Judges

The presiding judge and the Korean judge;

Judges Choi Ho-young

Judges Kim Jae-won

Attached Form

A person shall be appointed.

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