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(영문) 부산지방법원 2018.08.14 2018고단1434
집회및시위에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

Nevertheless, on July 25, 2017, from around 07:30 to around 19:00, the Defendant organized a non-reported meeting, such as holding a banner to the effect that, without reporting to the head of the Dong-dong Police Station, the Defendant would hold an open meeting for illegal construction, on July 25, 2017, at the entrance of the Busan Dong-gu Seoul apartment site, the entrance of the 104 underground parking lot, the entrance of the apartment management office, and the entrance of the above apartment, two son-gus of the Defendant, together with the Defendant’s two son-gus of the apartment, the representative D of the apartment occupants would commit the act of death to the occupants, and request the return of the amount of money from the family management expenses.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 22 (2) and Article 6 (1) of the Act on the elective Assembly and Demonstration Concerning Criminal Facts, and Articles 22 (2) and 6 (1) of the same Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defense counsel's assertion on the defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order asserts that since an assembly organized by the defendant is within the scope of general social order in light of the place, purpose, size, method, etc. of the assembly organized by the defendant, the unreported outdoor assembly cannot be punished.

In light of the purpose, method and form of assembly, the number and composition of participants, the opening and accessibility of the place of assembly, surrounding environment, etc., where there is no possibility for a situation that may conflict with the interests of a third party, or is likely to undermine public safety and order, or where it is deemed within the scope of general social order, it shall not be punished by deeming it as holding an unreported outdoor assembly (Supreme Court Decision 2010, Oct. 1, 2013).

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