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(영문) 서울중앙지방법원 2018.02.02 2017노2571
집회및시위에관한법률위반
Text

The judgment of the court below is reversed.

The Defendants are not guilty.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles) The assembly of this case does not constitute an assembly subject to prior report.

2) The Defendants did not hold the instant assembly or conspired to hold the event.

3) The act of hosting the instant assembly constitutes a legitimate act or a legitimate defense, and thus, cannot be deemed unlawful.

B. The sentence sentenced by the lower court (a fine of KRW 500,000) is too unreasonable for the Defendants to be sentenced to the sentencing.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. A person who intends to hold an outdoor assembly or demonstration on the summary of the facts charged of the instant case shall submit a report thereon to the head of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly or demonstration.

Nevertheless, when the Defendants came to know that the Ministry of Education was scheduled to officially publish the policy for the national purification of the history textbook on October 12, 2015, the Defendants conspired to take the action to seek opposition to the National Textbook in V located in Jongno-gu Seoul Metropolitan Government, along with 15 persons (F, G, H, I, J, J, K, L, M, N,O, P, Q, R, S, and T) such as E representativeF.

As a result, the Defendants gather together with 15 persons, including F, etc. from October 12, 2015 to October 15, 2015 without reporting outdoor assemblies and demonstrations to the head of the competent police station, and (1) F, G, and H are recorded in the National Textbook as listed above V.

“The Korean Government Textbook” and “Korea’s Private Textbook refers to the people who have been strawed of historical truth.

“The” and “the name of the person, including the Defendants, indicated in the Dorag’s Textbook, with the Dorag’s Textbook W Textbook” and opened reliefs such as “the withdrawal of the State Textbook”. ② The remaining persons, including the Defendants, cannot be recognized as WU Text after the surrounding areas of the above V.

“The W Government Textbook” and “The W Textbook is the pro-Japanese Text Textbook for the Pro-Japanese Vice Ministers.

The letter of “, etc.” refers to the “State Textbook.”

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