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(영문) 대구지방법원 2012.12.28 2012고정3814
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the head of the branch office B.

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.

Nevertheless, the Defendant, without reporting to the chief of the competent police station on April 24, 2012, from around 06:30 to around 06:50, held an assembly by creating a new safety education center in the construction site of the Daegu Dong-gu Seoul apartment complex, Daegu-gu, and 40 members and 40 members of the association, and by allowing members to use safety education facilities so as to guarantee the educational promotion activities of the construction trade union.

In addition, the Defendant did not report the assembly to the chief of the competent police station on April 25, 2012, and held the assembly from around 06:30 to 06:50 in the same place as above, and with 40 members, in the above manner.

Accordingly, the defendant organized an outdoor assembly on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on assembly site photographs;

1. Article 22 (2) and Article 6 (1) of the Act on the Assembly and Demonstration relating to the relevant criminal facts and the Selection of Punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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