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(영문) 서울고등법원 2020.01.21 2018노3374
집회및시위에관한법률위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The assembly held on November 16, 2017 and each general traffic obstruction part related to the assembly held on November 28, 2017 and the assembly held on November 16, 2017 and the assembly held on November 28, 2017 (hereinafter “each of the above assemblies”) held on November 16, 2017, and the assembly held on November 28, 2017 (hereinafter “each of the above assemblies”) held on November 16, 201, and “each of the above assemblies held on November 28, 2017,” and “each of the above assemblies held on November 28, 2017,” without using or exercising a strong type of force by the participants using physical methods, do not constitute “damage, damage, or unfold,” as stipulated in Article 185 of the Criminal Act, and thus, the assembly and the participants’ act of each of the above assemblies do not constitute interference with general traffic.

Further, in light of the nature and meaning of the freedom of Shesheshes, each of the instant assemblies took place in a non-brupted manner, and in particular, on November 16, 2017, each of the instant assemblies took place during a short period of time as the next source for completing assemblies at the place of the deaf-domination because there was concern about the members of the high agricultural community, and the location was narrow so that the participants were forced to get off and down on the roadways, each of the instant assemblies and the acts of occupying roads by the Defendant and the participants constitute a justifiable act stipulated in Article 20 of the Criminal Act.

B) On November 28, 2017, the Assembly and Demonstration Act (hereinafter “Act”) related to Assembly and Demonstration related to Assembly on November 28, 2017

The acts of violating the Assembly and Demonstration Act on November 28, 2017 committed in violation of the part of the Assembly and Demonstration Act on November 28, 2017 have been done by some participants of assembly, i.e., interest and individual actions, and thus, the defendant has made efforts to cope with the above situation. However, the defendant did not control all the activities of deviations from some participants of assembly, and the defendant has violated the Assembly and Demonstration Act due to the acts of deviations

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