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(영문) 서울중앙지방법원 2013.07.12 2013고정1522
집회및시위에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 16:20 on August 31, 2012, the Defendant was present at the meeting of the Jongno-gu Seoul Metropolitan Council for the 31st Malith of the Malithy Movement on August 31, 2012, and occupied the road along with the participants of the assembly, etc., thereby interfering with traffic or maintaining order, etc., regardless of the police order issued by the police, the Defendant continued to attend the meeting.

1. At around 14:00 on August 31, 2012, the Defendant was present at the above assembly held in front of the above universal meeting from around 15:20 to around 7,00, and the Defendant 7,000 attending the meeting, carried out the operation with the Seoul Station plaza, the subliminary plaza, and the Bank of Korea street room. On the same day, at around 16:20, the Defendant 17:30 on the street at the entrance of the branch, from the building of the same building to the roadside 17:30 on the same day, occupied eight lanes in each direction of the two sides of the department store.

Accordingly, the defendant conspired with the above participants in the assembly and interfered with the traffic on the land.

2. The Defendant, in violation of the Assembly and Demonstration Act (the non-compliance with the dispersion order), was proceeding along with occupying the road at the time and place specified in paragraph (1), as described in paragraph (1).

Therefore, the director of the South-west Police Station guard division ordered by the Chief of the South-west Police Station requested voluntary dispersion on the ground that it is illegal road occupation and illegal assembly, demonstration and progress reported by the participants in the assembly at around 16:28.

Nevertheless, participants in assemblies including the Defendant did not dissolve, and the director of the security guard of the Seodaemun Police Station ordered by the chief of the South Seodaemun Police Station at around 16:35 and around 16:45 and over three occasions at around 16:35, the order of dissolution was issued to the effect that "an illegal road occupation and a non-reported assembly and a non-reported assembly and a demonstration are immediately dissolved," respectively, but did not dissolve without delay.

Accordingly, the defendant rejected a dispersion order by the chief of the competent police station.

Summary of Evidence

1. Defendant's legal statement;

1. Descriptions of a situation report and a report;

1. Each description of the report of internal investigation (specific time of the order of dissolution) and the report of internal investigation (Attachment to the report of current situations).

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