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(영문) 서울중앙지방법원 2017.10.11 2017고정2370
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is the representative of the organization called “B Resident Council”.

On April 21, 2017, from around 15:30 to 18:00 on the same day, the Defendant organized a district unit plan to develop the underdeveloped housing area of 6, Jung-gu, Seoul Special Metropolitan City and Yongsan-gu in its original form, rather than the full redevelopment method, and requested for the full redevelopment of B B. In the presence of approximately 30 members of the B Residents' Council, the Defendant was holding a meeting of "convening the revocation of the district unit plan and the opposition to the recycling industry" in the presence of about 30 members of the B Residents' Council.

The organizer of an assembly or demonstration may not generate any noise that causes serious harm to others by using a loudspeaker, etc. and that violates the standards set by Presidential Decree, and where the head of the competent police agency orders the suspension of the use of a loudspeaker, etc., or takes necessary measures, such as temporary storage of the loudspeaker, etc., he/she shall not violate the order or refuse or interfere with necessary measures.

Nevertheless, the Defendant did not take necessary measures, such as refusing to receive noise and reducing noise, even though the Defendant was ordered by the head of the Seoul Southern-gu Police Station to maintain noise below the standard, which is the noise permission standard of 15:52 on the same day, and did not take necessary measures, such as continuing to produce noise from 7db around 16:52 on the same day and continuously receiving an order to suspend the use of loudspeaker, etc., without refusing to receive the order.

As a result, the Defendant violated the noise maintenance standard of the head of the police station and the order to suspend the use of loudspeakers, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation reports (verification of noise measurement marks), investigation reports (the order to maintain noise, loud speaker, etc.) and the order to suspend the use of such report;

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