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(영문) 서울중앙지방법원 2016.10.07 2016고정446 (1)
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No person shall hold any outdoor assembly or stage any demonstration at a place within 100 meters from the boundary of a diplomatic office or establishment of a diplomatic office of a foreign country residing in the Republic of Korea.

From June 10 to June 10, 2015, the Defendant asserted the unification of anti-U.S. and self-government and together with North Korea as a member of the “Korea Joint and Several Koreas for the unification of self-government and democracy” (hereinafter “Korea Joint and Several Koreas”), and the South Korea Joint and Several Koreas (hereinafter “Korea Joint and Several Koreas”) have claimed that the U.S. Embassy in front of the U.S. Embassy in the Republic of Korea, located in 188, as the Seoul Jongno-gu Seoul Embassy, “the U.S. Army in Korea,”

B, around 16:06 on October 1, 2015, the Defendant loaded demonstration goods into a passenger car, and immediately left C and the Defendant in front of the above U.S. Embassy, the place where the outdoor assembly is prohibited, and C and the Defendant took a banner (2m x 1m) stating that “U.S. Gun with a low shot seat, leaving the shot seat,” and “U.S. Gun shall remove the South U.S. Mutual Defense Treaty, and spread 50 m x 10cm on the street,” and “U.S. Gun shall carry out an outdoor assembly, i.e., an outdoor assembly, such as “I. Do Rab Rab Ba, along with the shotum.”

In this way, in collusion with C and B, the Defendant held an outdoor assembly within 100 meters from the boundary of the U.S. Embassy located in Korea, a diplomatic organization of a foreign country in Korea.

Summary of Evidence

1. Statement of each police statement concerning D, E, F, and G;

1. Police seizure records, list of seizure, and evidence of seizure;

1. The CD data;

1. Photographs of the U.S. Embassy and the place of occurrence;

1. Application of Acts and subordinate statutes to each investigation report (No. 11, 12, 26, 58 No. 58 of the evidence list);

1. Article 23 subparagraph 1 and subparagraph 4 of Article 11 of the Act on the elective Assembly and Demonstration against Criminal Facts, Article 30 of the Criminal Act, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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