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(영문) 서울중앙지방법원 2017.05.12 2017고정385
집회및시위에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From June 24, 2016, the Defendant affixed the following seals.

6. By December 25, 200, the party participated in the 'B company 100 days before the headquarters of the Hyundai Motor Vehicle located in Seocho-gu Seoul Metropolitan Government, which was held at the meeting of the 'B company Crat 10 days and the Mo

No person who participates in an assembly or demonstration shall engage in any conduct disturbing order by assault, threat, etc.

Nevertheless, on June 24, 2016, the Defendant, along with 300 participants in other assemblies at around 23:43, the Defendant, who installed a steel structure in front of the headquarters of the said Hyundai Motor, without permission, and argued that the police officer performing the duty of preventing danger, such as installing a safety set around the steel structure to ensure the safety of the participants in the assemblies seeking high agriculturality, and entering the 119 sridges, etc., obstructed the assembly by interfering with the order of the participants in assemblies by assaulting the police officers, etc., by forceing them against the security rules.

Summary of Evidence

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

1. Reports on the reading of illegal violence inventorss and reports on their internal investigation; and

1. The Defendant denied the instant facts charged by asserting that “the Defendant was merely a failure and resistance against the police threat at the time of committing the instant crime.”

However, the following circumstances, which can be acknowledged by each evidence of the judgment, are to have the police enter a 119-sloping-camp to the vicinity of the steel structure so that the police can safely get a person on the steel structure above the steel structure. The defendant, together with other participants in the assembly, attempted to enter the steel structure with other participants in the assembly, committed the crime as stated in the holding that the police officers' failure to enter the steel structure was pushed down and frighted, which prevents the police officers from entering the steel structure surrounding the steel structure. At the time, the police officers' performance of official duties seems to be justifiable for the prevention of danger and safety measures, and the defendant's seal.

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