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(영문) 부산지방법원 2007.10.30.선고 2007고단4733 판결
집회및시위에관한법률위반
Cases

207 Highest 4733 Violation of the Assembly and Demonstration Act

Defendant

1. A;

2. B

3. C

4. D;

5. E.

Prosecutor

Number of days of appointment;

Defense Counsel

Attorney F (for all the defendants)

Imposition of Judgment

October 30, 007

Text

Defendant A shall be punished by imprisonment for six months, by a fine of KRW 500,00,00 for Defendant B, D, and E, and by a fine of KRW 300,00 for Defendant C.

When Defendant B, C, D, and E fail to pay each of the above fines, each of the above Defendants shall be confined in a workhouse by converting 60,000 won as one day: Provided, That the fractional amount shall be discarded: Provided, That the execution of each of the above imprisonment penalties for one year against Defendant A and C shall be suspended, respectively. The above fines for Defendant B, C, D, and E shall be ordered to be paid provisionally.

Reasons

Criminal facts

Defendant A was tried to the Busan District Court on January 25, 2007 for the crime of obstruction of performance of official duties, etc., and the same criminal records are more than six times in progress, and Defendant B was sentenced to imprisonment for a violation of the Assembly and Demonstration Act at the head of G organization, the head of H organization and the head of the group, the head of the group, the head of the H organization, the head of the H organization and the head of the executive group of the H organization who were sentenced to imprisonment for a violation of the Assembly and Demonstration Act at the Dong branch branch of the Seoul District Court on July 13, 1983. Defendant C was undetained on August 16, 2006. Defendant C was detained for the crime of special obstruction of performance of official duties at the Suwon District Court on August 16, 2006. Defendant D was under detention for the same criminal records more than four times, Defendant D organization, the Secretary-General, Defendant D organization, the Deputy Secretary-General of the Seoul District Court on July 10, 2006.

No one shall hold any outdoor assembly or demonstration after sunset, however, in order to oppose or block the conclusion of the Korea-U.S. FTA negotiation, which was being promoted by the present government, the joint representative positions of the 'organization organized by members of the Korea-U.S. General', members of the Korea-U.S. non-government organization, non-governmental organization, students, etc. on May 2006, while performing their duties, he was holding the above organization on several occasions from mid of November 2006 as the sponsor of the above organization.

From November 22, 2006 to 21:23 of the same day, from around 18:25 to around 21:23 of the same day, approximately 300 members belonging to the Busan Jin-gu K under the name of "First M", and approximately 800 members belonging to the public-private partnership, including 200 members belonging to the public-private partnership, and 200 members belonging to the public-private partnership, post a large banner with "N, install stage and broadcast screen in the road entrance," and "IMF00 times when concluding an FTA with the general public," the contents of "1,000 from around 18:6 to the public-private partnership," and the participants of the above assembly from around 200 to the public-private partnership entrance of the Republic of Korea to the public-private partnership, and the participants of the assembly from around 200 to the public-private partnership entrance of the Republic of Korea to the public-private partnership.

2. Defendant B:

A. From November 22, 2006 to December 23, 201: (a) from around 18:55 on November 22, 2006 to around 21:23 of the same day, approximately 80 participants in an assembly attend an assembly with a mother of about 800 participants attending an assembly to create relief such as "the suspension of Korea-U.S. FTA threatening food safety" along with the participants in the assembly; and (b) participate in an outdoor assembly after sunset with the knowledge of such circumstances;

B. On June 19, 206, from around 19:00 to 20:00 of the same day, more than 400 members, etc., including members, etc., of the Korean-U.S. FTA with the participants in the assembly after attending the meeting at a third-party M on the roads of the above L.S., and the participants in the assembly at the meeting at the meeting at the time of the meeting at the time of the meeting at the time of the meeting at the time of the event at the time of the event at the time of the event at the time of the event at the time of the event, the participants in the assembly at the time of the event at the time of the event at the time of the event at the time of the event at the time of the event and inciting the participants

3. From November 22, 2006 to December 21:23, 2006, Defendant C shall attend an assembly with approximately 800 participants attending the assembly, and create relief such as “the suspension of the Korea-U.S. FTA which threatens food safety with the participants at the assembly,” and “the participants of the assembly,” shall be going forward front of the assembly, with the knowledge of the fact, such as: (a) participating in an assembly after sunset from around November 17, 2006 to around December 23, 2006; and (b) participating in the assembly after sunset from around November 17, 2006 to around December 3 through 8, 2006, with the knowledge of the fact that it was described in the annexed Table No. 3 to annexed Table No. 88.

4. Although Defendant C, D, and E do not commit an act that disturbs the order due to violence, etc., Defendant C, D, and E should not participate in the assembly on December 1, 2006 at the Pparty 0 located in Busan City City, Busan City, the P Party of the participants in the assembly who participated in the assembly at the " Qu" assembly held in the name of the headquarters of the P Party 0 located in Busan City, Busan City, and at the end of the assembly at the end of the assembly, the P Party of the participants would abolish the bill of the first time until the end of the assembly and deliver it to the effect that he will abolish the bill of the Trade Union and Labor Relations Adjustment Act and stop good faith of the Trade Union, unless so, our direct entry into the office. Despite the fact that the workers' ordinary people formed the regime, the Government, inciting that 400 participants were selling the workers' common people of the society and attempted to enter the P Party within the P Party 400, with Defendant 1's personal seal attached to the P Party 1 and his body's name.

Summary of Evidence

○ Facts No. 1

1. Part of Defendant A’s legal statement

1. Each protocol of examination of the suspect against Defendant A, B, and C by the prosecution;

1. Report of information status;

1. Photographs;

1. The report on assembly;

1. Things posted on the Internet;

1. Confirmation of sunset hours;

○ Facts in Decision 2

1. Part of Defendant B’s legal statement

1. Each protocol of examination of the suspect against Defendants B, A, and C by the prosecution;

1. Report of information status;

1. Photographs;

1. The report on assembly;

1. Confirmation of sunset hours;

○ Facts No. 3 of the Judgment

1. Part of Defendant C’s legal statement

1. Each protocol of examination of the suspect against Defendant C, A, and B by the prosecution;

1. Report of information status;

1. Photographs;

1. The report on assembly;

1. Facts set forth in judgment 4 in order to verify the time of sunset;

1. Part of each legal statement of Defendant C, D, and E

1. Each prosecutor's protocol of interrogation of the accused C, D, and E;

1. Each police statement of R and E (including cross-examination part);

1. Report of information status;

1. Photographs;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

○ Defendant A: Subparagraph 1 of Article 20 and the main sentence of Article 10 of the former Assembly and Demonstration Act (amended by Act No. 8424 of May 11, 2007, hereinafter the same shall apply)

Defendant B: Article 20 subparag. 3 of the Assembly and Demonstration Act and the main sentence of Article 10 of the Assembly and Demonstration Act (Selection of Fine): Article 20 subparag. 3, the main sentence of Article 10 (Selection of Fine), Article 21 subparag. 1, Article 16 (2), and Article 14 (4) subparag. 2 of the Assembly and Demonstration Act (Selection of Imprisonment)

Defendant D and E: Article 21 subparag. 1, Article 16(2), and Article 14(4)2 of the Assembly and Demonstration Act (elective of fines)

1. Aggravation (Defendant A, B, and C) of concurrent crimes (Defendant C), Article 37 (former part), Article 38 (1) 2 and 3 (Defendant C), and Article 50 of the Criminal Act;

1. Attraction of a workhouse (Defendant B, C, D, and E);

Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution (Defendant A, C);

Articles 62(1) and 62(2) of each Criminal Code (Article 62(1)(2) of the Criminal Code provides that the Defendant C (the Defendant has a record of being punished for the same kind of crime, but it is difficult to see that the degree of the crime

1. A provisional payment order (Defendant B, C, D, and E);

It is so decided as per Disposition for the reason of Article 334(1) of the Criminal Procedure Act.

Judges

Judges Notarial Day

Attached Form

A person shall be appointed.

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