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(영문) 대구지방법원 2014.12.18 2014고단4542
집회및시위에관한법률위반등
Text

Defendant

A with a fine of KRW 3 million, Defendant C, D, E, F, G, H, I, J, K, K, M, N,O, P, with a fine of KRW 4 million.

Reasons

Punishment of the crime

[criminal record] On January 28, 2014, Defendant F was sentenced to imprisonment with prison labor for a violation of the Assembly and Demonstration Act and two years of suspended execution on February 26, 2014, and the said judgment became final and conclusive by withdrawing an appeal on February 26, 2014.

Defendant

P On January 13, 2014, the Daegu District Court sentenced one year and six months of imprisonment with prison labor and two years of suspended execution to the violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) and the crime of interference with business, etc., and became final and conclusive on May 29, 2014.

【Criminal Facts】

1. The organizer of an assembly or demonstration in violation of the Assembly and Demonstration Act shall not commit an act clearly deviating from the scope of the reported purpose, date, time, place, method, etc.

The Defendant, as the chief vice-chief of the Democratic Labor-Management Headquarters, reported to hold an outdoor assembly of the Democratic Labor-Management Headquarters to the effect that “from February 15, 2014 to February 26, 2014, 1,000 persons shall participate in the V (W) square, V Station-type delivery, V Station-distance, subway Square, and 1,000 persons shall participate in India, corresponding to the subway square, and shall hold an outdoor assembly of the Democratic Labor-Management Headquarters to resolve the problem at the place of business of the Democratic Labor-Management Headquarters.”

피고인은 2014. 2. 17. 16:00경 W 소재 V역 광장에서, 민주노총 소속 노조원 등 40여명이 참석한 가운데 『X 퇴진, 민영화ㆍ연금개악 저지, 노동탄압 분쇄 거리농성 출정식』을 개최한 후 단식농성 등의 용도로 사용하기 위하여 같은날 18:00경 V역 광장 흡연실 앞에 가로 5m, 세로 3m의 천막 1동을 설치하고, 위 천막의 뒤쪽에 숙소로 사용할 가로 3.5m, 세로 2.5m의 천막 1동을 추가로 설치하여 2014. 2. 24. 10:00경까지 거리농성장과 숙소로 사용하였다.

Accordingly, the defendant committed an act clearly deviating from the scope of the assembly method reported as the organizer of the assembly.

2. The organizer of an assembly or demonstration in violation of the Assembly and Demonstration Act by Defendant A and Defendant B shall clearly deviate from the scope of the reported purpose, date, time, place, method, etc.

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