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(영문) 서울남부지방법원 2010.06.07 2010고단1002
집회및시위에관한법률위반
Text

Defendant

A Imprisonment for six months, each of the defendants B and C shall be punished by a fine of one million won.

Defendant

B and C shall each be subject to the above fine.

Reasons

Punishment of the crime

Defendant

A is a co-representative of E organization, F organization, representatives of G organization, and H organization (hereinafter referred to as “H”), Defendant B is a co-representative of H, and Defendant C is a person who works as the head of H.

1. On August 4, 2009, from around 14:30 to 16:00, Defendants A and B held a meeting of the J Party located in Yeongdeungpo-gu Seoul Metropolitan Government I in front of the J Party located in Yeongdeungpo-gu. In the presence of 200 members, Defendant A and B held an assembly with the title “IT of the J Party’s OUT, OK of the Process Report Broadcasting Act, OK of the CF of the CF of the Republic of Korea outside of Korea, KRUT of the State disturbance, KSUT of the Twit-gu, UUTT of the Twit-gu, UUT TUT, COUT, and Pacific-gu, and the title “the J Party immediately ceases to exist”, such as the formation of a relief agenda.

Accordingly, the Defendants did not submit a report to the chief of the competent police station, and held an outdoor assembly.

2. Defendant C, along with the above H members, was convened at the time and place as set forth in paragraph (1), and with 50 members whose name is unknown, the Defendant removed KRW 1,226,500 of the repair cost by using 15 meters of the wire-net, which is set up in the fence of us in order to enter into the part of the political party.

Accordingly, the Defendant, in collaboration with the above H members, destroyed the steel net owned by the J Party.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of L or M;

1. Statement of the N in the police station;

1. Report of information status;

1. Situation related to the opinions of the press party in front of the J party death;

1. Scenic photographs of each field of debt collection;

1. Application of each tax invoice statute;

1. Defendant A of the pertinent Article on criminal facts: Articles 22(2) and 6(1) of the Assembly and Demonstration Act, Article 30 of the Criminal Act (Selection of Imprisonment): Articles 22(2) and 6(1) of the Assembly and Demonstration Act, and Article 30 (Selection of Fines) of the Criminal Act: Violence, etc.

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