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(영문) 대구지방법원 2013.04.24 2013고정257
집회및시위에관한법률위반
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of one million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the head of the Category D branch of the C Trade Union D (hereinafter referred to as the “D branch”), and the head of the Defendant B is the head of the CTrade Union D Machinery Branch (hereinafter referred to as the “D Machinery Branch”).

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

On June 27, 2012, the Defendants came to contact that members of the D branch were arrested as flagrant offenders by police officers of the Gyeongsan Police Station on charges of property damage and damage in the field of the construction of Gyeong apartment, and Defendant A was willing to hold an assembly to release arrested members at the Gyeongsan Police Station along with the members of the D branch, and Defendant B was able to find the members of the D branch at the same police station with the members of the D branch, and Defendant B was willing to hold an assembly jointly and severally with the members of the said D branch.

From June 27, 2012 to June 00:20 to June 28, 2012, the Defendants, without reporting the meeting to the chief of the competent police station, had approximately 200 members and approximately 20 to 30 members of the regional police station located in Gyeyang-dong 503, Gyeyang-gu, Busan, and had them attend the meeting, and had the above members of the regional police station provide relief to the effect that “the arrested members will be released” going to the front of the above members of the regional police station.

As a result, the Defendants conspired to hold an outdoor assembly.

Summary of Evidence

1. Defendants’ respective legal statements

1. The application of Acts and subordinate statutes attached to each report on the reading of the persons of unlawful violent demonstrations, investigation report (general), outdoor assembly ( demonstration, demonstration) report, investigation report (general) report, investigation report (general)-on-site photographic materials;

1. Defendants: Articles 22 (2) and 6 (1) of the Assembly and Demonstration Act and Article 30 of the Criminal Act concerning criminal facts;

1. Detention at a workhouse;

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