(영문) 춘천지방법원 2016.08.18 2015노346 | 리걸엔진

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(영문) 춘천지방법원 2016.08.18 2015노346

집회및시위에관한법률위반

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The judgment below

The part of the case of the defendant is reversed.

Defendants are innocent.

Reasons

1. The assembly report of the summary of the grounds for appeal is an assembly of this case without intention or by mistake of law, because the person who reported the assembly of this case was aware of wrongness.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is that Defendant A is the director of the general affairs of the E original church, and Defendant B is the outside of the interference of the E original church.

Any person who intends to hold an outdoor assembly or demonstration shall submit a report stating all the matters related thereto, such as the purpose, date, time, place, organizer, etc., to the head of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly or demonstration.

Nevertheless, as above, the Defendants conspired with the head of the competent police station without submitting a report on the assembly, from around 08:00 to around 09:30 on May 24, 2014, and in front of the home located in D’s home located in D’s country, the Defendants held an assembly with about 50 members of the E’s church as well as the number of members of the E’s church in response to holding one person’s demonstration against the occurrence of fire, such as that D’s wife goes to the E church and neglected home, from March 2013 to the E’s home located in D’s home located in D’s country. The Defendants held the assembly in a way that he reported the above relief using the P’s ticket and loudspeaker.

B. The lower court found the Defendants guilty of the charges on the ground that there was no justifiable reason to believe that the report was lawfully made by the Defendants, in light of the following: (i) the Defendants could have confirmed the report of assembly and sufficiently confirmed the exact date; and (ii) the assembly date was deemed to have been specified at the time of the report of assembly in this case.

3. Determination on whether a deliberation was made

A. The recognition of facts constituting an offense in a criminal trial is not likely to have a judge make a reasonable doubt.

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