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(영문) 서울중앙지방법원 2015.03.10 2014고정5532 (1)
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. At around 21:20 on June 10, 2014, the Defendant, at the boundary of B, the place where the outdoor assembly demonstration is prohibited, took part in the demonstration of June 10, 2016, the Defendant took up approximately 100 members, such as Daka Pata, and Rosters, located in Jongno-gu Seoul, Jongno-gu, Seoul, with approximately 60 meters of members, such as Daka Pata, Mara, Magara, Mara, Mara, and Mana, “I will not be forgotten,” and participated in the demonstration of 6.10 Cheong Man Man-man, Man-Ma.

Accordingly, the Defendant participated in the demonstration within the limit of 100 meters at the boundary point of B, which is the place where the assembly or demonstration is prohibited.

2. The Defendant, by conducting a demonstration at the same time and place as mentioned in the preceding paragraph, at the same time and at the same place as above, failed to dissolve without delay even after he/she received the order of voluntary dispersion from the 14th unit commander who was delegated by the head of Seoul Cropsing Police Station on June 10, 2014; the first dispersion order at around 21:45 on the same day; the second dispersion order at around 22:02 on the same day; and the third dispersion order at around 22:05 on the same day.

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

Summary of Evidence

1. The police statement concerning F;

1. G statements;

1. Investigation report (the dynamic image analysis notified as a dissolution order);

1.6.10. Report on the current status of the Cheong Man Man Man Mangy Games;

1. Application of the statutes governing the place where assembly or demonstration is prohibited;

1. Article 23 subparag. 3 of the relevant Act on the facts constituting an offense, Article 11 subparag. 3 of the Act on the elective Assembly and Demonstration (the point of participating in an outdoor demonstration) and Article 24 subparag. 5 of the Assembly and Demonstration Act, Article 20 (2) and Article 20 (1) subparag. 1 of the Assembly and Demonstration Act (the point of refusing to comply with the dispersion order) and the selection of fines;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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