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(영문) 청주지방법원 제천지원 2017.11.02 2017고정4
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the head of the branch office of the Korean Public Officials' Union C.

1. No person who participates in an assembly at a place where assembly is prohibited shall hold an outdoor assembly or demonstration at the place within 100 meters from the boundary of the National Assembly;

Nevertheless, on May 27, 2015, from around 19:25 to 20:50, the Defendant asserted the opposition against the public official pension reform proposal, along with 80 members and the democratic union members and 80 members, and proposed relief in front of the ruling party of the National Assembly at a place within 100 meters from the boundary of the political party of the National Assembly, which is a place where outdoor assembly and demonstration is prohibited.

Accordingly, the defendant participated in an outdoor assembly or demonstration prohibited place.

2. The Defendant, who did not comply with an order of dispersion, was present at an assembly held in front of the ruling party of the above National Assembly due to the same reasons as described in paragraph (1) and did not, without delay, dissolve the Defendant at the expense delegated by the head of the Yeongdeungpo Military Police Station on May 27, 2015 due to an outdoor assembly or demonstration at a prohibited place on May 27, 2015; the request for voluntary dispersion at around 17:57; the first dispersion order at around 20:10; the second dispersion order at around 20:23; and the third dispersion order at around 20:33.

Accordingly, the defendant refused to comply with the police's dispersion order.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on illegal actors, report on internal investigation (Attachment of a written statement of a person in charge of assembly demonstration), internal investigation (Attachment of a report on information situation), report on internal investigation (Attachment of a record of recording of a report of dispersion order) and report on internal investigation (Attachment of a record of a record of a broadcast of a report of dispersion order) by the Democratic Nowon General

5. 28. Clerks, Chief of the Guard, Chief of the Broadcasting Station, and internal investigation report (A evidence output and attachment of photographs);

1. Application of video recording CD-related Acts and subordinate statutes;

1. Article 23 subparag. 3 of the relevant Act and Articles 11 subparag. 1 (the point of participation in the assembly of a place of prohibition), Articles 24 subparag. 5 and 20 subparag. 2 (the point of non-compliance with an order of dispersion) of the Assembly and Demonstration Act, and each fine shall be imposed on the crime;

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