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(영문) 서울남부지방법원 2017.12.14 2016고정2922
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of 200,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a representative C.

On May 6, 2015, the National Assembly was under the process of the plenary session to deal with the amendment of the Public Officials Pension Act, which was passed by the National Assembly in the special circumstances of the public officials pension reform.

On the other hand, 300 people, such as the president of the labor union, the former members of the labor union, and some major members of the labor union, oppose the passage of the plenary session on the amendment bill of the Public Officials Pension Act. From 13:10 to 14:05, in the front of the National Bank of the Young-gu, Yeongdeungpo-gu, Seoul Metropolitan Government National Bank, "the resolution for the strike against the opposition to the public official pension opening" was proceeded, and approximately 200 people among them moved to the National Assembly located in the Young-gu, Yeongdeungpo-gu, Seoul, and were dissolved at around 21:40.

At around 14:43 of the same day, the Defendant, along with the foregoing, was fluenced in front of an assembly held on the road of the National Assembly, and fluented with the booms, stating the “fluence against the opening of a public pension, pension, etc.,” and fluented with the brucs, thereby going out relief, and tried to redistribution the capital by combining the brush with the old age of teachers, public officials, and workers as security.

Social agreements participated in assemblies, such as speaking "it will be jointly and severally with civil society organizations, with the agreement to kill workers."

Accordingly, the defendant participated in an assembly held within 100 meters from the boundary of the National Assembly, which is the place where assembly is prohibited.

Summary of Evidence

1. Report of information status;

1. Data about the photographs of the victim's speech;

1. Investigation report (verification of a report on outdoor assembly, etc.);

1. Copy of the report on outdoor assembly;

1. A report on internal investigation (a photographic reading and analysis);

1. Evidentiary and photographic reading materials;

1. On the spot, documentary CDs (the defense counsel stated, among the evidence submitted by the prosecutor, the instructions for internal investigation (2) and suspect speech photographs (4) and the resident registration number, mobile phone number, etc. of the defendant, which are personal information of the defendant, are stated in the prosecutor’s report on commencement of internal investigation (4) and the mobile phone number (5). There is no time for the defendant to consent to disclosure to the investigation agency

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