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(영문) 서울서부지방법원 2016.05.12 2015노1457
집회및시위에관한법률위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The order of dissolution issued by the head of the Seoul Seodaemun Police Station to the summary of the grounds for appeal is a violation of the Assembly and Demonstration Act if the defendant in response to the order is not dismissed without delay.

In addition, the demonstration of this case constitutes a serious violation of the terms and conditions under the Assembly and Demonstration Act, which makes it impossible or considerably difficult to pass by interfering with road traffic, and the defendant who participated in it is a joint principal offender of the crime of interference with general traffic.

Nevertheless, the judgment of the court below that all of the facts charged of this case constituted a case where there is no proof of crime is erroneous in the misapprehension of legal principles.

2. The summary of the facts charged was that the Defendant held a “K” assembly relating to layoffs between August 27, 201 and August 28, 201, when there were 2,500 members, including the I Trade Union, as a member of the I Trade Union.

On August 23, 2011, the chairperson of the I Trade Union L prepared and reported a copy of the report on the progress of the assembly assembly (the demonstration) other than the one in which the place of assembly was called the “an independent space No. 1,” and the part of the demonstration was called the “J of the assembly place.” On the 26th day of the same month, the Seoul Regional Police Agency notified the said I Trade Union of the restriction conditions, such as “on the other hand, using two lanes in the moving direction except the bus-only lane.”

A. On August 27, 201, the Defendant violated the Assembly and Demonstration Act: (a) in collusion with more than 2,500 participants in an Buddhist assembly during the said assembly; (b) from around 23:30 on August 27, 201 to around 00:40 on the following day, the Defendant moved along with all lanes in the direction of proceeding from around August 27, 201 to the Independent Park; (c) from the head of the Seodaemun-gu Police Station on August 27, 2011 on the ground that “unreported Assembly” and “Interference with traffic due to occupation and use of roadways” were “voluntary demand for dispersion on August 23:44, 201; (d) first dispersion order around 23:49; (e) second dispersion order around 23:54; and (e) second dispersion order around February 54.

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