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(영문) 창원지방법원 2013.12.10 2013고정1220
집회및시위에관한법률위반
Text

1. The defendant shall be punished by a fine of five hundred thousand won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

C Labor-management D Branch will use clocks, placards, etc. and hold assemblies for the removal of unfair dismissal and democratic labor-management in the front of the front door of the Kimhae-dong from November 22, 2012 to December 24:00 of the same year from November 22, 2012 to December 22, 18, 2012.

‘The defendant reported', and the defendant is the order keeper of the above assembly.

No moderators shall engage in any conduct clearly deviating from the scope of the purpose, date, time, place, method, etc. reported.

Nevertheless, from around 15:40 on November 28, 2012 to around 16:20 on the same day, the Defendant, from around 15:40 on the same day, distributed printed materials (a4 page printing, “the controversy over the spread of citizen blood transfusions from urban bus service providers, and the seal of citizens) in front of the ESM apartment located in the place reported as above, to many unspecified persons, and the participants of the above assembly, “F, which is the participants of the above assembly, divided two posters and diskettes (0.6m x 0.9m m) by dividing two posters and diskettes (0.6m x 0.9m m).

As a result, the Defendant committed an act clearly deviating from the scope of the reported place of assembly in violation of the rules of the moderators.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding F;

1. A written petition;

1. A criminal investigation report (attached to data);

1. Application of Acts and subordinate statutes concerning inducements, copies thereof and field photographs;

1. Article 24 subparagraph 5 of the Act on the elective Assembly and Demonstration Concerning Criminal Facts and Article 17 (2) of the same Act;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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