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(영문) 서울북부지방법원 2018.12.06 2018고정1578
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall interfere with a peaceful assembly or demonstration or disturb order by means of violence, intimidation or by any other means.

1. On July 1, 2018, at around 10:30 on July 1, 2018, the Defendant committed assaulting D on the ground that D’s speaking before the C church located in Nowon-gu, Seoul Special Metropolitan City, for the purpose that D’s “E is suffering from the failure of home,” by using a loudspeaker, and that it would interfere with the viewing of the church and the viewing of the church.

Accordingly, the defendant interfered with D's peaceful demonstration.

2. The Defendant committed the crime of July 22, 2018, referring to the video taken by the injured person at the time on July 22, 2018, referring to the video taken by the injured person at around 10:00, and, at the same place as the above at the same time as Paragraph 1, D makes a demonstration in his/her hand and used violence to the injured person, and opened a banner and a loget installed in his/her surrounding area, carried them onto the Defendant’s vehicle.

Accordingly, the defendant interfered with D's peaceful demonstration.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. On-site photographs;

1. A detailed statement of the processing of reported cases;

1. Investigation report (related to video images submitted by the victim);

1. Video fluoric photo of the video;

1. Investigation report (related to a report on an outdoor assembly of a victim);

1. Application of the photographic Acts and subordinate statutes to the head of a crime;

1. Relevant Article 22 (1) (main sentence) and Article 3 (1) of the Assembly and Demonstration Act concerning facts constituting an offense, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [The defendant is irrelevant to E, but the victim c church accompanying the defendant interfered with the towing of the banner as stated in the crime, etc., and the defendant removed the banner to defend the infringement of legal interests other than the above church.

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