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(영문) 서울중앙지방법원 2017.05.11 2016고단8142
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who acts as the head of the E-Status Office in the D Act, which professes “C”.

A person who intends to hold an outdoor assembly or demonstration shall submit a report on it to the head of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly or demonstration.

Nevertheless, the Defendant did not report an outdoor assembly to the head of the competent police station from F 19:05 to 21:10 of the same day, and introduced the reporters of support by leaving society in the conference under the name of 100 members belonging to the above "H" group, which was held in the presence of 100 members belonging to the above "H" group in Jongno-gu Seoul Metropolitan Government, and led the participants to take care of the relief, such as "the front invalidity of each negotiation" and "the abolition of one-day negotiation", and led the participants to take care of the whole assembly, such as candlelights and sickets.

Accordingly, the defendant organized an outdoor assembly which was not reported to the head of the competent police station.

Summary of Evidence

1. Partial statement of the defendant;

1. Assembly status photograph, photograph, report on information status, transcript of the contents of each evidence, recording of the statement of the accused, degree of the requirement of the assembly room, meeting location map by time zone, J notice data, recording records of J pool video, response of communication confirmation data, press report data;

1. The application of Acts and subordinate statutes to each internal investigation report (related to the Japanese Embassy and assembly place, and the result of reply confirming communications data);

1. Article 22 (2) and Article 6 (1) of the Act on the elective Assembly and Demonstration Concerning Criminal Facts, and Articles 22 (2) and 6 (1) of the same Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [the defendant's defense counsel] The candlelight culture of this case does not constitute an " outdoor assembly" under the Assembly and Demonstration Act (hereinafter referred to as the "Act") and the place where the defendant hosted the candlelight culture of this case even if he reported in advance.

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