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(영문) 서울중앙지방법원 2017.07.13 2015노5022
집회및시위에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles) and misapprehension of legal principles are the Defendant’s opinions, and the Defendant did not hold a general assembly outside a house that requires a prior report under the Assembly and Demonstration Act (hereinafter “Assembly Demonstration Act”) that may cause public danger and injury.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case by deeming the one reporters' association as outdoor assembly, is erroneous in the misunderstanding of legal principles as to the establishment of the duty of prior report of facts and outdoor assembly.

The punishment sentenced by the court below (700,000 won) is too unreasonable.

As to the assertion of misunderstanding of facts and legal principles, the court below found the defendant guilty on the facts charged of this case on the grounds that the assertion of misunderstanding of facts and misapprehension of legal principles is based on the reason in its holding, the whole progress such as the purpose of holding the association of reporters, the duration of the association of reporters, the act of participants after the association of reporters, etc., and etc.

Meanwhile, the Defendant asserted that it is difficult for the Defendant to comply with the obligation to report 48 hours prior to the assembly due to the characteristics of the press conference demanding the urgency of the performance of the Si at the lower court, and thus, the Defendant’s assertion is an assertion contained in the grounds of appeal to the effect that it is not an outdoor assembly necessary to report prior to the assembly (see, e.g., Supreme Court Decision 37 pages, Aug. 27, 2015).

On the basis of Article 21 (1) of the Constitution, Article 22 (2) of the Assembly Demonstration Act, etc. is planned in advance, but there is also a organizer, but it is not possible to report within the time required by the Assembly Demonstration Act.

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