2017Do3408 Violation of the Assembly and Demonstration Act

A person shall be appointed.

Defendant and Prosecutor

Law Firm N

Attorney Lee In-bok

Seoul Central District Court Decision 2015No4138 Decided February 10, 2017

May 30, 2017

All appeals are dismissed.

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, the lower court was justifiable to have found the Defendant guilty of the instant facts charged (excluding the part not guilty of the grounds for appeal) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine

2. As to the Prosecutor’s ground of appeal

For the reasons indicated in its holding, the lower court affirmed the first instance judgment that acquitted the Defendants on the part of the instant facts charged regarding the general traffic obstruction of DT, DV, EH, EH, EM, ER, EET, FB, and EZ, on the ground that there is no proof of crime, and reversed the first instance judgment that found the Defendants guilty on the part of the instant facts charged regarding the general traffic obstruction of DLers, and acquitted the Defendants.

Examining the reasoning of the lower judgment in light of the record, the said determination by the lower court is justifiable. In so determining, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence

3. Conclusion

All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jae-hyung

Justices Park Byung-hee

Justices Park Poe-young

Justices Kim Jong-il