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(영문) 서울중앙지방법원 2016.07.13 2016고정446
집회및시위에관한법률위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

No person shall hold an outdoor assembly or stage an outdoor assembly or demonstration at a place within 100 meters from the boundary of a diplomatic office in a foreign country or a diplomatic office in the Republic of Korea.

From June 10, 2015, the Defendants asserted the unification of anti-U.S. and self-government and jointly carried out in North Korea, and the South Korea’s Joint and Several Koreas have asserted that “the U.S. Armed Forces in Korea” in front of the U.S. Embassy in the Republic of Korea in the Republic of Korea 188, as Seoul Jongno-gu, was held at a prohibited place.

Defendant

B On October 1, 2015, D and Defendant A loaded demonstration goods into a passenger car with Defendant D and D and Defendant A immediately before the Embassy of the United States of America in Korea, a place where outdoor assembly is prohibited on October 1, 2015, at around 16:06, and D and Defendant A shall be free from a passenger car, “U.S. Gun with a shotum with a shotum. fomb head.”

Plag (2m x 1m) of the content of “Isnam Mutual Defense Treaty is removed, and the United States Armed Forces spreads 50cm on the street by 50cm (20cm x 10cm) of the printed articles (20cm x 10cm x 10cm) containing “Iskn Gun” and “Iskn Gunn wn wn wn wn wn wnb

“An outdoor assembly was held, such as going beyond relief.”

In this way, in collusion with D, the Defendants organized an outdoor assembly within 100 meters of the boundary point of the U.S. Embassy in Korea, which is a foreign diplomatic organization in the Republic of Korea.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each police statement made to E, F, G, and H;

1. Police seizure records, list of seizure, and evidence of seizure;

1. The CD data;

1. Photographss of front of the U.S. Embassy and place of crime;

1. Application of Acts and subordinate statutes to each investigation report (No. 11, 12, 26, 58 No. 58);

1. Defendants: Article 23 Subparag. 1 and Article 11 Subparag. 4 of the Assembly and Demonstration Act, Article 30 of the Criminal Act, and the selection of fines

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. The Defendants: Article 48(1) of the Criminal Act.

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