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(영문) 수원지방법원 2012.10.11 2012고정1566
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the person who is the standing committee chairperson of the "C Countermeasure Committee" as the chairperson of the "D Redevelopment Counterclaim."

1. On September 29, 2011, the Defendant, in violation of the Assembly and Demonstration Act, submitted to the Suwon Police Station on September 27, 2011, an assembly report stating that “Around September 29, 201, the Defendant would hold an outdoor assembly under the name of “the withdrawal of the DNA renewal acceleration plan” in the latter part of the Gyeonggi-do Council, Gyeonggi-do Council, from September 29, 201 to 17:00, Suwon-gu, Suwon-si, Suwon-si, Suwon-si, Suwon-dong, Suwon-dong, to hold an outdoor assembly.”

The organizer of an assembly or demonstration shall not engage in any activity clearly deviating from the scope of the reported purpose, date, time, place, method, etc.

Nevertheless, at around 10:10 on September 29, 201, the Defendant, at the underground parking lot of the above Gyeonggi-do Council, tried to enter the Gyeonggi-do Council by 280 participants of the D opposing group members to enter the Gyeonggi-do Council, and obstructed from the police, the Defendant occupied a road of about 50 meters in front of the underground parking lot in front of the front door of the Gyeonggi-do Council, from 10:30 on the same day to 12:30 on the same day, and held an assembly by carrying out an assembly by an external means, putting up the kicket 50 meters of the underground parking lot.

Accordingly, the Defendant organized an assembly in a way that clearly deviates from the scope of the reported date, time, place, method, etc.

2. A person who intends to hold an outdoor assembly or demonstration in violation of the Assembly and Demonstration Act on October 19, 201 shall submit to the chief of the competent police station a report that satisfies the specific requirements, such as the purpose, date, time, place, and organizer, of the assembly between 720 hours and 48 hours before commencing the assembly;

Nevertheless, from October 19, 201 to 13:00 on October 19, 201, the Defendant held a meeting by raising relief four times from the front green belt of the Gyeonggi-do Office, and from among the 50 members of the D R&A, “The Do Governor to be dismissed, i.e., the Do Governor to be dismissed,” and three persons, including the Defendant, held a meeting by making a statement related to the continuous solidarity for the opposition.

Accordingly, the defendant has jurisdiction.

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