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(영문) 서울중앙지방법원 2016.01.14 2015고단3779
집회및시위에관한법률위반
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

1. The Defendant is the Chairman of the JJ (hereinafter “K”).

On September 24, 2013, the Defendant reported an outdoor assembly to the head of the police station as of September 24, 2013. The content was from September 17 to 21:00 on September 26, 2013 to September 26, 2013, for the purpose of preventing the government from attempting to make Nowon-gu, other than the K Act, to hold a "Woman's Seoul Metropolitan Government Teachers' Voting for Demmodverization of Dempicization" in front of the duty-free shop located in Jongno-gu, Jongno-gu, Seoul. There was no content related to the implementation of the assembly.

From around 18:20 on September 26, 2013 to 19:15, the Defendant: (a) held a 300 member of the K Hambul Seoul Metropolitan Area Teachers’ Resolution Meeting at the front of the said duty-free shop; and (b) did not dissolve the meeting after the completion of the meeting, the Defendant started driving in the direction of the Seoul Square, along with the 300 participants at the meeting, with the 19:18 day on the same day, the Defendant started driving in the direction of the Seoul Square, and proceeded at a distance of approximately 80 meters until the delivery of the spon police box.

As a result, the defendant was found to have committed an act clearly deviating from the scope of the place, method, etc. reported at the time of reporting the assembly.

2. Determination

A. (1) Article 6(1) of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) provides that “A person who intends to hold an outdoor assembly or demonstration shall submit to the head of the competent police station a report stating the purpose, date and time (including necessary hours), place, organizer (in the case of an organization, including the representative thereof), contact manager, the address, name, occupation, and contact address of the person in charge of the order maintenance, the organization and the number of persons scheduled to participate, the method of the demonstration (including career and map),” and Articles 16(4)3 and 22(3) of the Assembly and Demonstration Act prohibit the organizer of the assembly or demonstration from doing any act clearly deviating from the scope of the reported purpose, date, time, place, method, etc.

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