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(영문) 서울서부지방법원 2016.10.19 2016고단806
집회및시위에관한법률위반
Text

Defendant

A A Fines 2,00,000 won, Defendant B’s fine 50,000 won, and Defendant C’s fine 4,000,000 won.

Reasons

Punishment of the crime

"2016 Highest 806"

1. The Defendants’ status and circumstances leading to crimes are the heads of D Organizations (hereinafter “D Organizations”), Defendant C, and members of D Organizations. In order to determine the minimum wage in June 19, 2016 at the Minimum Wage Council established under the Ministry of Employment and Labor, the Defendants were willing to hold a meeting in front of the F Center located in Mapo-gu Seoul, Seoul to accomplish the “minimum wage rate of KRW 10,000,000,000,” with other D Organizations members.

2. A person who intends to hold an outdoor assembly for a single crime by Defendant A shall submit a report stating the purpose, date, time, place, organizer, number of persons scheduled to participate, etc. of the assembly to the chief of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly.

Nevertheless, on June 25, 2015, from around 08:36 to 11:02 of the same day, the Defendant opened an outdoor assembly without reporting to the chief of the competent police station, such as by using flas cards and diskettes stating “the consent of the head of the party headquarters 10,000 minimum wage 10,00 won,” and by using flas cards and diskettes stating “the consent of the head of the party headquarters 10,000 minimum wage 10,000 won.”

3. The joint chief of the competent police station for a crime committed by the Defendants may request the Defendants to voluntarily dissolve an unreported assembly within a considerable time, and if the Defendants fail to comply with such request, he/she may order dispersion, and the participants in the assembly shall, upon receiving an order of dispersion,

Nevertheless, the Defendants, in collaboration with G (193 G), H, I, J, K, K, L, M,O, P, Q (a summary indictment on the same day) and held an assembly as described in paragraph (2), and did not voluntarily request dissolution or dispersion from the Mapo Police Station R S, which was delegated by the Head of Mapo Police Station from June 25, 2015 to October 42, 2015 at the above location, even after receiving five times the order for dissolution or dispersion from the Mapo Police Station Correction S, which was delegated by the Head of Mapo Police Station at the above location.

4. Defendant C’s sole crime is committed on June 25, 2015.

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