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(영문) 서울남부지방법원 2016.09.01 2016노374
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

The judgment below

The guilty portion shall be reversed.

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

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the second G related part of the facts charged (Article 3-2(b) of the Assembly and Demonstration Act (Participation in Prohibited Night Demonstration) and the general traffic obstruction (Ga) as well as the Defendant interfered with the traffic by driving on approximately 4.2 kilometers in the section of the Si/Gun/Gu by driving on the 5-lane of the Si/Gun/Gu from around 9:20 to around 10:50 of the day of July 9, 201, to start the square of the Seocho-dong Busan Metropolitan City from around 9:20 to around 10:50 of the day of July 9, 201, to set the destination as the destination of H85, the Defendant started the square of the Seocho-dong Busan Metropolitan City from around the front of the department department located in the R to the front of the P street in the Young-do area of the Gu by driving along the section of about 4.2 kilometers in common with the participants of the demonstration in common with the participants of the demonstration.

(B) On July 9, 201, from around 10:50 to around 3:30 on the following day, the Defendant participated in any demonstration prohibited at night on July 10, 201, with the names of 7,000 participants of the said demonstration, and occupied the lanes prior to the road located in the Busan Young-do District from around 10:50 on July 9, 201, and occupied the flag of the participating organization, etc., and participated in any demonstration prohibited at night around 0:00 on July 10, 201.

(2) The participants of a demonstration including the Defendant for violating the Assembly and Demonstration Act (non-compliance with the dispersion order) continued the demonstration by 3:30 p.m. on the following day, including the following day, by occupying an exclusive lane in front of the P, and going out for relief.

AB reduction AC of the Seoul National Police Agency requested voluntary dispersion around 11:05 at night on July 9, 201 on the ground that the above demonstration is prohibited at night and non-reported assembly, and ordered dispersion four times at night around 11:16 at night from the beginning of the order of voluntary dispersion until 0:26 on the following day.

However, the participants of the demonstration including the Defendant did not comply with the dispersion order.

2. The lower court determined as follows regarding the second G-related part of the facts charged. A.

When general traffic obstruction occurs (not guilty).

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