A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the Director General of the D Secretariat.

A person who intends to hold an outdoor assembly or demonstration shall submit a report stating certain matters to the head of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly or demonstration.

Nevertheless, on April 20, 2016, around 08:55, the Defendant held a meeting without reporting, such as speaking together with the D Secretariat and 15 others, and raising relief.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness H and I in part;

1. The defendant argues that there is no intention to hold a meeting without reporting because he did not have any whistle-written statement, internal investigation report (related to the attachment of a video CD in front of the F periodical, and the assembly image CD analysis) [limited to a whistle-written visit at the time and place as indicated in the judgment of the court, and did not hold a meeting, and that there was no intention to hold a meeting without reporting the fact that there was no whistle-written prior to reporting, although there was no prior report, in conducting a press conference, there was no prior report.

The purpose of the press conference is to invite reporters to speak on their arguments, etc., and to call questions and answer questions to them. The purpose of the press conference is to embody the articles of the matters which they intend to inform.

In addition, an assembly subject to guarantee and regulation under the Assembly and Demonstration Act refers to a temporary gathering of a specific or unspecified number of people for the purpose of externally expressing their opinions by forming a common opinion (see, e.g., Supreme Court Decision 2011Do6294, Apr. 26, 2012). As seen in each of the above concepts, a press conference and an assembly may not be clearly distinguishable, but may overlap.

As to this case, according to the evidence of the judgment, about 15 persons, including the defendant, etc., gather together at the time, place, and place in the judgment, and use banners or diskettes containing such contents under the purpose of opposition to G, and three of them shall be loudspeakers.