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(영문) 서울중앙지방법원 2018.01.12 2017고정3016
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was elected as the third chairman of the above Trade Union around February 2017 while joining the D Trade Union.

A person who intends to hold an outdoor assembly or demonstration shall submit a report stating the purpose, date, time, place, organizer, etc. to the competent police station from 720 hours to 48 hours prior to the commencement of the outdoor assembly or demonstration.

From around 11:00 to 14:50 on the same day, the Defendant participated by approximately 15 members in front of the Seoul Gangnam-gu Seoul Metropolitan Government Building, where the head office F (hereinafter “F”) is located, the Defendant organized an outside-house assembly, which did not report to the head of the competent police station, on the following grounds: (a) the Defendant took part in the case of murdering against customers at H as to the foregoing H’s responsibility and compensation; (b) put the banner as “J”; (c) put the banner as “K”; and (d) put the banner as “K” and “L” together with the participants at the assembly; and (d) opened the outside-house assembly, which did not report to the head of the competent police station, such as creating the relief of “M” and holding an annual scopty.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on internal investigation (Analysis of symptoms, videos and photographs without reporting);

1. Evidentiary photographs;

1. Application of the Acts and subordinate statutes to press articles;

1. Article 22 (2) and Article 6 (1) of the Act on the elective Assembly and Demonstration against Criminal Facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. As to the assertion that the reply of this case does not constitute an assembly

A. The defendant and his defense counsel held a kind of outdoor assembly with participants while conducting a press dog, which does not constitute an outdoor assembly subject to prior reporting.

The argument is asserted.

B. An assembly subject to guarantee and regulation under the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) is a specific or unspecified number of people.

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