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(영문) 의정부지방법원 2013.05.30 2013고정132
집회및시위에관한법률위반등
Text

Defendant

A A shall be punished by a fine of 2.5 million won, and Defendant B shall be punished by a fine of 1.5 million won.

The Defendants were punished by fine.

Reasons

Punishment of the crime

1. No one shall interfere with a peaceful assembly or demonstration or disturb the order thereof by means of violence, threat, or other means;

On September 2, 2012, at around 21:20, the Defendants were under the influence of alcohol at the site of “an assembly opposing the construction of the Madu-dong LNG composite power plant at the “Central Park” located in Dongducheon-si, 594, which is held at the “Central Park,” and Defendant A expressed a bath to “I are citizens of Dongdu-do, who are social members,” and Defendant B interfered with a peaceful assembly by avoiding disturbance for about 20 minutes, such as “the same bitch bitch bitch bitch.”

2. Defendant A’s obstruction of performance of official duties at the same time, at the same place as in the preceding paragraph, and at the same time and place, the Defendant expressed that “in the case of a police officer, she is a citizen of the same Dongbcheon-gu Police Station, she is a democratic police officer,” and that “in the case of a police officer, she is a citizen of the same Dongbcheon-do, she is a citizen of the same Dongbcheon-do, she is a democratic police officer,” and both descendants interfered with the legitimate performance of duties concerning the maintenance of police officers’ order.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of witness E and F;

1. Application of the police protocol of statement to E and F;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 22(1) and 3(1) of the Assembly and Demonstration Act, Article 30 of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of fines, respectively.

B. Defendant B: Articles 22(1) and 3(1) of the Assembly and Demonstration Act, and Article 30 of the Criminal Act

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination as to the assertion by Defendant B of Articles 70 and 69(2) of the Criminal Act

1. The defendant B is alleged.

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