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(영문) 제주지방법원 2014.05.15 2013고정996
집회및시위에관한법률위반
Text

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

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

Reasons

Punishment of the crime

From March 2013, the Defendant has been in charge of C University branch offices of the Korea University Workers' Union South Jeju District Headquarters under the Democratic Labor Union Group.

On June 19, 2013, the Defendant requested the president of C University to lend a meeting place to the president so that he/she can hold a meeting of executive members of the National University Labor Union, South Jeju Regional Headquarters, but was rejected. On this ground, the Defendant requested the president’s meeting on June 24, 2013, but was refused to hold a meeting.

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

Nevertheless, the Defendant, without filing a report with the chief of the competent police station on June 25, 2013 from around 17:00 to around 18:10 on the same day, took part in the stairs at the entrance of the main office of the Cuniversity located in the Jeju-si District Office of the Korea University Workers’ Union, and 25 members of the Cuniversity branch located in the Jeju-si, and organized an outdoor assembly consisting of the following: “Labor Act and Labor Standards Act are observed,” and “a labor union union is recognized and open to the open mind and a conversation with us,” and all of “a labor pressure is suspended, collective bargaining is carried out,” and “a union is held,” and “a union is called as “a hump to the conversation with the authenticity of the recognition of the Joint Labor Union.”

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each police interrogation protocol of the accused and E;

1. The statement of each police officer made to F and G;

1. The written statement of the defendant;

1. Notification of the results of reading related to an unreported assembly, and application of each photographic statute;

1. Relevant legal provisions concerning criminal facts: Articles 22 (2) and 6 (11) of the Assembly and Demonstration Act; Articles 70 and 69 (2) of the Criminal Act;

1. The provisional payment order: Judgment on the defendant's assertion under Article 334 (1) of the Criminal Procedure Act

1. The Defendant: (1) The instant assembly is within the university.

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