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(영문) 서울중앙지방법원 2013.06.14 2013노483
집회및시위에관한법률위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 300,000.

The above fines are imposed by the Defendants.

Reasons

1. Summary of grounds for appeal;

A. As to the Defendants’ non-reported assemblies, the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) applies to the Defendants’ holding of the unreported assemblies

(2) The court below erred by holding that the Defendants did not constitute a crime of non-compliance with the dispersion order on the ground that the Defendants did not constitute a crime of non-compliance with the dispersion order on the ground that they did not constitute a crime of non-compliance with the dispersion order, even if they did not constitute a crime of non-compliance with the order, since they did not constitute a crime of non-compliance with the order, since they did not constitute a crime of non-compliance with the order of dispersion within the reasonable scope necessary for the achievement of the purpose of the assembly, and thus, it does not go against the social norms. 2) The court below found the Defendants guilty of non-compliance with the order of dispersion.

B. The punishment sentenced by the prosecutor (a fine of KRW 500,000) by the court below is too unfilled and unreasonable.

2. Determination

A. As to the non-reported assembly, Article 2 subparag. 2 of the Assembly and Demonstration Act does not have any definition as to the concept of the assembly, unlike the definition of the concept of the demonstration. However, the assembly subject to security and regulation under the Assembly and Demonstration Act refers to “the temporary gathering of a specific or unspecified number of people at a certain place under the purpose of forming a common opinion and expressing it externally” (see, e.g., Supreme Court Decision 2007Do1649, Jul. 9, 2009). In light of the above legal doctrine, this case was examined, and the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the Defendants’ subrogation by the National Committee for the Prevention of homicide of the homicide Removal of the I regime (hereinafter referred to as “Gumsan Civil Act”).

the agency.

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