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(영문) 서울중앙지방법원 2016.11.15 2015고단6355
집회및시위에관한법률위반
Text

Defendants shall be punished by a fine of one million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Defendants and D are members of the “E organization”.

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

Nevertheless, at around 05:10 on August 22, 2015, Defendants and D did not report to the chief of the competent police station in front of the Embassy of the United States of America located in 188 as the species of Jongno-gu Seoul Metropolitan Government, and without reporting to the head of the competent police station, the Defendants and D filled up a banner (a 250 cm, length 100 cm, length 100 cm) with the content that “the Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop.”, “the Dop Dop Dop Dop Dop Dop Dop Dop Dop,” and “the Dop Dop Dop Dop Dop Dop Dop.”.

Accordingly, Defendants and D conspired to hold an unreported outdoor assembly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement on G, H, I, and D;

1. Seizure records;

1. Photographs, such as a display card complex;

1. Application of Acts and subordinate statutes to investigation reports (Internet posts attached);

1. Defendants: Articles 22(2) and 6(1) of the Assembly and Demonstration Act, Article 30 of the Criminal Act, and the selection of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants: Article 48(1) of the Criminal Act

1. Defendants of the provisional payment order: The purpose of the prior report system on an outdoor assembly on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is to protect lawful outdoor assembly or demonstration and to prepare prior measures to maintain public peace and order.

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