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(영문) 광주지방법원 2016.08.24 2015노3311
집회및시위에관한법률위반등
Text

Of the judgment of the court of first instance, the part on Defendant A, C, D, E, and F and the judgment of the court of second instance shall be reversed.

The Defendants are not guilty.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. As to the general traffic obstruction (the Defendants), although the trucks on which the Defendants were on board at the time of the instant case did not string off the train, and did not directly cause any danger to the public safety and order, the police did not disclose the reason why preventing the passage by blocking the said trucks.

Ultimately, it is illegal for police to block the truck.

In order to oppose the above police's illegal performance of duties, the Defendants have held a meeting, such as laying a truck on a road, holding a banner and holding relief, etc., and carried out a sacrife.

Therefore, the Defendants cannot be deemed to have committed general traffic obstruction.

B. As to the violation of the Assembly and Demonstration Act (Defendant A), the instant assembly was not an assembly planned by its nature, but an assembly of interesting nature, namely, an assembly of interesting nature, which could not predict its purpose, location, time, etc.

Therefore, a violation of the Assembly and Demonstration Act can not be established on the premise that prior reporting is possible.

2. Summary of the facts charged

A. Defendant A is the co-defendant of the Department of Affairs for the Southern-Myun and the first instance court prior to Gwangju-Myun-Myun.

The Chairperson of the Organization Policy Council of the same Maran-si, Defendant D, Defendant C, Defendant C, Defendant E, Defendant E, the Head of the Organization Secretariat of the same Maran-gun M., Defendant F, the Head of Organization Secretariat of the same Young-gun M., Defendant F, and DefendantO, the Head of Organization of the same Young-gun M., and Defendant P, the Head of Organization of the same Maran-si, the same Maran-si.

L Total Federation, around 14:00 on December 19, 2013, intended to hold a meeting of farmers with theme, such as “rice value of 2.30,00 won,” “non-election substitute,” “non-election substitute,” and “N-jin,” in front of the National Bank located in the Republic of Korea in Seoul. The Defendants, including the Defendants, planned to hold a meeting of 100 farmers belonging to the L Gwangju Southern Association, including the Defendants (hereinafter “Defendant”).

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