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(영문) 서울남부지방법원 2017.11.08 2017고정555
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

Defendant’s Korean Teachers’ Union (hereinafter referred to as “Korean Teachers’ Union”)

As a member of the Association, D's president, who is an affiliated organization of the former school.

No person shall hold any outdoor assembly or stage any demonstration at a place within 100 meters from the boundary of the National Assembly building.

Nevertheless, the Defendant, from around 14:22 to around 14:44 of the same day, participated in an assembly held for about 22 minutes from around 14:4 to around 14:44 of the same day, where the Defendant, from around 14:22 to around 1 of the National Assembly as a doctor of Yeongdeungpo-gu Seoul National Assembly, sees the press dog in front of the main office of the National Assembly.

Accordingly, the defendant, in collusion with other participants in the assembly, participated in the assembly held within the election of the National Assembly, which is the place where the assembly is prohibited.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with H;

1. An investigation report (A) [Attachment of evidence] [referring to an assembly which is the object of guarantee and regulation under the Assembly and Demonstration Act” refers to “the temporary gathering of a specific or unspecified number of people at a certain place under the purpose of externally expressing their opinions by forming a common opinion (see Supreme Court Decision 2007Do1649, Jul. 9, 2009, etc.). In other words, the following circumstances acknowledged by the evidence of the judgment are as follows: the participants of 40 assemblies, including the Defendant, hold 20 kickets from the front stairs of the National Assembly in front of the election of the National Assembly, and hold them out of the relief as stated in its reasoning; the participants of the assembly, including the Defendant, have installed microphones and skickers at the site; and the organizer was made using microphones, etc.

Even if a certain number of people form a common opinion and express it externally, it is temporarily gathered at a certain place under the purpose of the assembly and demonstration.

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