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(영문) 제주지방법원 2012.12.13 2012고단786
집회및시위에관한법률위반
Text

Defendant

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

Defendant

B, D, E, and F shall be punished by a fine of KRW 3,500,000.

Reasons

Punishment of the crime

1. Defendants B, D, E, and F’s violation of the Punishment of Violences, etc. Act (joint property damage, etc.) were jointly carried out by the Defendants, and around 17:30 on April 14, 2012, the installation of soundproof walls installed at the construction site at the construction site at the large forest industry corporation, a contractor, from the middle middle ginseng distance in Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, and damaged the repair cost.

2. The chief of the police station who receives the report of the assembly reported by the Defendants in violation of the Assembly and Demonstration Act may set up a line for maintenance of order, if deemed necessary for the protection of the assembly and demonstration and for the maintenance of public order, and no line for maintenance of order established accordingly shall be invaded for a considerable time without justifiable reasons, notwithstanding

From April 14, 2012 to 19:05, the Defendants received a warning from police officers that they would not commit any crime with respect to the order keeping vessels installed as above, the Defendants entered a small banner with the phrase “at least 18:50 to 19:05 to 19:05 to 19:05, the Defendants sent a small banner with the phrase “at least 10,000 people are detained, spacing, acting in person, and spacing, and spacing, but we are detained in pleasure.”

As a result, the Defendants conspired to commit the order keeping line for a considerable time without any justifiable reason.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H, I, J, K, L, and M;

1. Statement of the N in the police station;

1. Two copies of each field book, photo, video CDs;

1. Application of Acts and subordinate statutes to each investigation report (attached to the report on outdoor assembly, the notice to set up the order line, and the status of assembly or demonstration);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A and C: Article 24 subparag. 3 and Article 13 of the Assembly and Demonstration Act, Article 30 of the Criminal Act, and selection of fines

B. Defendant B, D, E, and F: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act (the point of destruction and damage of property).

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