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(영문) 서울중앙지방법원 2014.07.03 2013고정4537
집회및시위에관한법률위반
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. Around February 4, 2012, the summary of the facts charged was elected as the chairperson of the 8th “E organization” (hereinafter “E organization”).

A person who intends to hold an outdoor assembly or demonstration shall submit a report stating the purpose, date, time, place, etc. to the chief of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly or demonstration.

Nevertheless, on June 3, 2012, from around 15:20 to 16:45, the Defendant opened an outdoor assembly on the street in front of the new town located in Youngdong, Yeongdeungpo-gu Seoul Metropolitan Government, by holding an outdoor assembly as follows: (a) without reporting the outdoor assembly; and (b) by holding the college students belonging to E organization with more than 230 students, who participated in the assembly, and by holding the assembly to create relief, such as “the realization of the anti-value registration fee, the suppression of new sup

2. Determination

A. Article 6(1) of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) provides that a person who intends to hold an outdoor assembly or demonstration shall submit a report stating all the following matters related thereto to the chief of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly or demonstration:

1. Purpose;

2. Date (including necessary hours), time;

3. Place,

4. The following matters concerning the organizer (in the case of an organization, including the representative thereof), the person in charge of liaison, and moderators:

address,

(b)Name;

(c) occupation;

(d)Contact point;

5. Organization and personnel scheduled to participate; and

6. In the case of a demonstration, the method of demonstration (including the route and the map), and Article 2 of the Enforcement Decree of the former Enforcement Decree of the Act provides for the contents of the demonstration method (the large size of the demonstration, the vehicle, loudspeaker, the standing signboard, etc., the number thereof, whether the demonstration is held, whether the demonstration is held, the course, the map, the roadway, the roadway, and the passage on the roadway, the roadway, the sidewalk, and the intersection, etc.). Furthermore, Article 2(1) of the Enforcement Rule of the Act provides for the form of the report. Furthermore, the person who hosts an outdoor assembly or demonstration without filing a report shall be punished by imprisonment for not more than two years or two million

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