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(영문) 서울남부지방법원 2017.10.20 2016고정2959
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant’s Korean Teachers’ Union (hereinafter referred to as “Korean Teachers’ Union”)

is a teacher as a member of the Union.

No person shall hold any outdoor assembly or stage any demonstration at a place within 100 meters from the boundary of the National Assembly building.

Nevertheless, the Defendant, from September 23, 2015 to September 22, 2015, 40 members, etc. of the former school and 40 members, etc. of the National Assembly located in 1 as the doctor of Yeongdeungpo-gu Seoul Metropolitan City, under the front of the main office of the National Assembly as the doctor of Yeongdeungpo-gu.

D) The kicket, stating the contents of “Woo Hakkk from the regime,” “loked educational workers, and workers in labor 3 sphere,” participated in an assembly held around 22 minutes by around 14:44 of the same day, such as the creation of a rescue program, such as “D regime leaving off, leaving off, and leaving off easy dismissal.”

Accordingly, the defendant participated in an assembly held within the boundaries of the National Assembly which is the place where the assembly is prohibited, together with other participants in the assembly.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers against the defendant (per time);

1. Statement protocol with respect to E;

1. An investigation report (such video analysis data, etc.) [The assembly that is the object of guarantee and regulation under the Assembly and Demonstration Act refers to the assembly that “any specific or unspecified number of people form a common opinion and temporarily gather at a certain place under the purpose of expressing it externally (see Supreme Court Decision 2007Do1649, Jul. 9, 2009, etc.).” The following circumstances acknowledged by the evidence of the judgment are as follows: the participants of 40 assemblies, including the Defendant, hold a kicket in front of the headquarters of the National Assembly and hold 20 minutes from the front of the headquarters of the National Assembly, and hold them out relief as stated in its reasoning; taking into account the following circumstances: (a) the participants of 40 assemblies, including the Defendant, have installed microphones and scackers at the site; and (b) the participants have made a statement using microphones, etc., the Defendant, etc. expressed “scambling” while doing so.

This is also a common opinion of a certain number of people.

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