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(영문) 울산지방법원 2014.02.07 2013노617
업무방해등
Text

Of the judgment of the court below against the defendant, the violation of the Assembly and Demonstration Act due to non-compliance with the order of dissolution.

Reasons

1. Progression of litigation and scope of adjudication of this court;

A. (1) The court below found the Defendant guilty of violating the Assembly and Demonstration Act due to the violation of the place of assembly report and the failure to comply with the dispersion order among the facts charged in the instant case, and found the Defendant guilty of the remainder of the charges. The prosecutor appealed from the judgment of the court below on the grounds of misunderstanding of facts or misunderstanding of legal principles as to the aforementioned acquittal portion, and on

(2) The first instance court prior to remand reversed the guilty part of the judgment of the court below that violated the Act on Assembly and Demonstration due to the violation of the reported place of assembly and demonstration among the non-guilty part, and found the guilty guilty in the court below as to the violation of the Act on Assembly and Demonstration due to the violation of the reported place of assembly on October 13, 2009, and found the innocent guilty in the court below from July 28, 2009.

9. From August 1, 200 to the point of violation of the Assembly and Demonstration Act due to the violation of the place of assembly report, each of the charges was pronounced guilty, and the remaining prosecutor and the defendant dismissed the appeal. On the other hand, only the prosecutor appealed the part of the judgment prior to the remanding (the violation of the Assembly and Demonstration Act due to the violation of the place of assembly report on October 13, 2009) and the part of the appeal dismissed by the prosecutor (the violation of the Assembly and Demonstration Act due to non-compliance

(3) The Supreme Court accepted the prosecutor’s appeal on the violation of the Act on Assembly and Demonstration due to Defendant’s non-compliance with the order of dissolution before remand, and reversed this part of the case and remanded this part to this court, and dismissed the remaining grounds of appeal.

B. Of the judgment of the court below that found the defendant guilty of the scope of the trial, the defendant's obstruction of business, violation of the Punishment of Violences, etc. Act (joint residence) and violation of the Harbor Act, and violation of the judgment of the court prior to the remanding of the case, from August 9, 2009 to October 9 of the same year.

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