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(영문) 서울중앙지방법원 2014.04.08 2014고정678
집회및시위에관한법률위반등
Text

Defendant

A and B shall be punished by each fine of KRW 1 million, by Defendant C, D, E, and F, by each fine of KRW 50,000.

The Defendants are the defendants.

Reasons

Punishment of the crime

On August 15, 2013, the Defendants were willing to occupy and hold a lane to urge the dissolution, etc. of the NIS in the vicinity of the shooting distance in Jongno-gu Seoul, Jongno-gu.

On August 15, 2013, the Defendants, along with approximately 200 participants of other demonstration, moved the road on the scam of the above Sejong-ro at around 13:25 on August 15, 2013, and laid down a scamet stating the "Wing Rak Ra" and created a relief, such as "Wing Dismantling Ra".

Accordingly, the director of the security division ordered by the chief of the police station to voluntarily dissolve the 13:25 of the Assembly and Demonstration Act, the first dispersion order at around 13:29, the second dispersion order at around 13:32, and the third dispersion order at around 13:34.

Nevertheless, at around 14:35 on the same day, the Defendants continued to occupy the roads among the three-distances without complying with the above dispersion order until all the Defendants are arrested, with approximately 200 participants in other demonstrations.

As a result, the Defendants conspired with about 200 participants in the demonstration and interfered with the traffic on the land and the dispersion order.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of H, I, J, K, L, M, N, P, Q, R, S, and T;

1. Investigation report (for example, No. 802 of investigation records);

1. A copy of an information status report;

1. Application of statutes on field photographs;

1. Defendants: Article 24 subparag. 5 of the Assembly and Demonstration Act, Article 20(2) and Article 20(1)2 of the same Act, Article 30 of the Criminal Act, Articles 185 and 30 of the Criminal Act, and the selection of fines for negligence

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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