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(영문) 전주지방법원 2012.08.31 2012노320
집회및시위에관한법률위반
Text

1. Each part of the judgment of the court below against Defendant A, C, and D concerning Defendant A, C, and D shall be reversed.

Defendant

C. One year of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) Inasmuch as the Defendants violated the Assembly and Demonstration Act without reporting in advance to the chief of the competent police station, the Defendants held an assembly on the facts charged (hereinafter “instant assembly”). However, despite the fact that the instant assembly was held on L company’s garage which is a place where the public could not freely pass, it did not constitute an outdoor assembly subject to the duty to report under Article 6(1) of the Assembly and Demonstration Act (hereinafter “Act”), the lower court accepted this part of the facts charged and convicted the Defendants. In so doing, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B) As to Defendant B, C, and D’s special larceny and violation of the Punishment of Violences, etc. Act (joint residence intrusion), the Defendants had connected electric wires at the time and place indicated in paragraph (2) at the original judgment, but there was no fact that they used the electric wires. Even if the Defendants used the electric wires under the consent of the head of the Seoul Regional Employment and Labor Office of the victim Gwangju Regional Employment and Labor Office, they are used under the consent of the head of the Seoul Regional Employment and Labor Office. Therefore, even if the Defendants did not consent to the use of the electric power, the Defendants committed the above act with the knowledge of the fact that the Defendants knew that the Defendants consented to the use of the electric power, and thus, the Defendants did not commit the crime of using the electric power. As such, the Defendants’ act constitutes an error as to the premise of the illegality exclusion ground, and the Defendants’ act of using the electric power constitutes a violation of the Punishment of Violences, etc. Act (joint residence intrusion, as seen above, the Defendants committed the aforesaid act.

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