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(영문) 서울남부지방법원 2012.11.13 2012고정3744
집회및시위에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall hold any outdoor assembly or stage any demonstration at a place within one hundred meters from the boundary of the National Assembly building.

From November 14:00 on November 3, 201, the Defendant organized “B organization” (hereinafter “B organization”) in the front of the Youngdo Industrial Bank, Yeongdeungpo-gu Seoul Industrial Bank. Around 14:00, the Defendant appeared together with approximately 3,000 participants of the National Assembly who participated in an assembly held as a society of the Secretary General of the Korea-U.S. Free Trade Agreement (hereinafter “Korea-U.S. FTA ratification”). At around 14:40 on the same day, the Secretariat of the above C organization D did not have originally reported as a broadcast vehicle. At the same time, around 3,00 persons of the Defendant’s and demonstration group were urged to enter the National Assembly. At the same time, around 3:0, the Defendant’s and demonstration group moved the May 3, 200 to the other participants of the National Assembly’ meeting from around 10:00 to 3:30 meters away from the front of the meeting site under the right side of the Korea-U.S. FTA, and moved from around 15:40:300 meters of the meeting.

Accordingly, the defendant participated in an outdoor assembly or demonstration at a place within 100 meters from the boundary of the National Assembly building, which is the place where the assembly or demonstration is prohibited.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (satellite photographs in front of North Korea of the National Assembly);

1. Report on investigation (verification of a photographic place);

1. Information speed report;

1. Evidentiary photographs;

1. Application of satellite photographing statutes;

1. Article 23 subparagraph 3 of the Act on the elective Assembly and Demonstration against Criminal Facts and subparagraph 1 of Article 11 of the Act on the elective Assembly and Demonstration of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 59 of the Criminal Act of the Suspension of Sentence

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