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(영문) 서울중앙지방법원 2014.04.21 2014고정1074
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the director general of the organizational bureau of the C Cooperatives under Bran Association.

C Around July 25, 2013, the Seoul Seocho Police Station submitted to the public official in charge of the above police station an assembly report stating that the assembly name is “a prosecutor’s regular meeting that gives the business owner exempted from labor-management,” the date and time of the assembly is “18:00 on August 12, 2013,” “29:0 to August 14, 2013,” “the Supreme Court (100m later),” “The Supreme Court’s office (100m later),” “C Association,” “the organizer,” and “100 persons expected to participate in the assembly.”

From August 13, 2013, the Defendant: (a) from around 16:00 on August 13, 2013, at the front of the Supreme Prosecutors’ Office located in Seocho-gu, the Defendant deemed the society in the capacity of the executive body of the said union in the presence of 450 members of the said union; and (b) was holding the said assembly, around 16:56 on the same day, the Defendant told the participants of the said assembly to “the end by moving to the Supreme Court,” stating the contents such as “the E business owner F who engages in unfair labor practices,” thereby raising relief, such as “the restraint of the employer of labor damage,” and led the participants to do so in front of the Dong sentence of the Supreme Court located in the same Gu distribution.

At around 17:00 on the same day, the Defendant stopped a broadcast vehicle in front of the foregoing Supreme Court ruling, and took a look at the society above, and had the participants of the above assembly, who were involved in the delivery to the above place from around 17:50 on the same day, hold an assembly by forcing the participants of the above assembly to create relief such as “the restraint of the owner of the labor-management damage”, etc.

As above, the Defendant committed an act clearly deviating from the scope of the place, method, etc. reported as the organizer of the above assembly, and hosted an assembly or demonstration before the Supreme Court, which is the prohibited place of an outdoor assembly or demonstration.

Summary of Evidence

1. Defendant's legal statement;

1. Illegal violence or demonstration personnel reading report, information status report, outdoor assembly (a demonstration or demonstration) report, ..

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