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(영문) 서울중앙지방법원 2016.10.20 2016노2762
집회및시위에관한법률위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is the organizer of the assembly at the time of the fact that the Defendant hosts an unreported assembly.

The lower court rendered a not-guilty verdict on this part of the facts charged on the grounds that it is difficult for the organizer of the above assembly to readily conclude that he/she is the Defendant, and the lower judgment erred by misapprehending facts

(2) On August 30, 2014, the non-reported assembly under the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) ought to be deemed to be subject to lawful dispersion order in itself.

Even if it is not so, as long as there was a direct risk of public peace and order from the time of the first dispersion order for the above assembly, it can be said that there was a legitimate dispersion order at least three times at the time of the above assembly.

The lower court rendered a not guilty verdict on this part of the facts charged, but the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion

B. The lower court’s sentence of unreasonable sentencing (the amount of KRW 500,000 of a fine) is too unjustifiable and unreasonable.

2. Determination

A. (1) The summary of the facts charged is as follows: (a) the Defendant did not report the mistake of facts by the prosecutor and the misapprehension of the legal principles; (b) from around J 14:05 to around 14:40, the Defendant collected 80 members of Lnoon union in the presence of Jongno-gu Seoul Jongno-gu Seoul, and divided 50 cocket, stating “M”, “N” and “O”, and “P” took the initiative of relief and the statement of major personnel; (c) around 14:40 on the same day, the Defendant putting the boxes in place with the above persons as well as the above persons, and went to the north along with the above persons’ signature at the south of Jongno-gu, Seoul at around 163 modern maritime road building; and (d) took place at around 14:50 at that place, and dissolved at around 15:10.15.

Accordingly, the Defendant from J 14:05 to 15:10.

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