207Violation of the Assembly and Demonstration Act

Man(math)(math)(math)

Gwangju*Gu****

Defendant

Jung-Jin Park

Gwangju District Court Decision 81No1641 delivered on February 19, 1982

Gwangju District Court Decision 81Da1386, 1531, 1653 delivered on November 9, 1981

(A)1872(combined),

December 30, 2008

The part of the judgment of the court below against the defendant is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. Error of mistake

The defendant has not conspired specifically with the demonstration.

B. Unreasonable sentencing

In light of the various sentencing conditions of the instant case, the sentence of the lower judgment (one year and six months of imprisonment) is too unreasonable.

2. Ex officio determination

According to the reasoning of the Defendant’s appeal, prior to the judgment on the grounds of appeal, the records of this case revealed that the series of acts performed by the former ○○○, etc. up to the rescission of emergency martial law on May 17, 1980 upon the commencement of the declaration of the extension of emergency martial law on January 24, 1981 constitutes insurrection and constitutes a crime of destruction of constitutional order (see Supreme Court Decision 96Do3376, Apr. 17, 197). Meanwhile, all of the charges of this case against the Defendant are justifiable acts to protect the existence of the Constitution and the constitutional order by preventing or opposing such a crime of destruction of constitutional order by the former ○, etc.

Therefore, even though the facts charged against the defendant constitute a justifiable act under Article 20 of the Criminal Act and is not a crime, the judgment of the court below which found the defendant guilty cannot be maintained any longer. Thus, the judgment of the court below is dismissed ex officio in accordance with Article 364 (2) of the Criminal Procedure Act and it is again decided as follows through pleading.

The summary of the facts charged in the instant case is as follows:

1.In collusion with 00:

(a) without undergoing prior censorship by the martial law commander;

(1) At around 21:00 on March 23, 1980, the defendant was in advance at the house of 00 in Gwangju ○○-dong***

The term "non-legal amendment", which is a rule of the group of non-legal persons, of the group of non-legal persons, means the group of persons referred to in paragraph (1);

Manufacture and manufacture of printed articles that may lead to the expansion and connection of the books and that contain the contents of setting the behavior outlines, etc.

distribution to approximately 20 members; and

(2) Between April 13, 19:00 and 21:00 of the same month from April 13, 19:00 to February 24, 200 of the same year**

at the defendant's house, the term "salak field" means that the people under subsection (a) are salaked by power.

60 copies of printed articles shall be produced and distributed to 20 persons, ○○, etc., who are members of "ASEAN", and sent by mail;

(3) On September 15, 19:00 of the same year, the defendant himself prepared in advance at the house of the above 00, and Kim ○-○.

"h, Gwangju" shall produce 300 copies at the time of title 300 and distribute them to ○○;

(4) “Nationals” at the house of 00 above over twice between the 20th of the same month and October 3 of the same year.

The term "sicos and singing book" means any book of 100 copies, etc., for each of the books and singing book with the content of the disturbance, as set forth in the title below.

production and distribution to this △△, △△, ○○, etc.;

(5) At around 20:00 on December 1, 200 of the same year, the term "one time of free press" in the house of this 00 is deemed as the term "one time of free press" under the title of the same year.

from 3:00 to 21:00 of the same month, in case of making copying 1,00 French items with the content of 'Sara'.

Between the same 23:00 houses of Gwangju 3 Dong, ○ Dong, ○ Dong, ○ Dong, and ○ Dong Dong, this shall apply.

spreading;

(b) around 18:00 on January 10, 1981, using crypary fences at the office of the above defendant's above-mentioned defendant's cryp;

The term "revertion of reporters" as referred to in sub-paragraph (a) shall be divided into all parts in dispute over the rights and interests of the public.

The State's State in the flood of the press made by false reports or false reports, the contents of which are made by the Self-Governing Party;

in the case of a strike to represent the legitimate labour cost and the national rights and interests."

Illegal production and storage of each printed article, each of which might cause substantial social anxiety.

Conspiracy; and

2. In collusion with 00, △△△, △○, and 00:

In May 2, 1981, around 15:00 on May 2, 1981, Gwangju ○○-dong** Dong 00 on May 2, 198.

Note B, under subparagraph B, died of M 16 M in the Gan City of Gwangju, and two rings in the G headboard.

The whole ○○ Doctrine Doctrine, which has been broken and killed, and has been debrised from this land and has a military base.

Unless the strike is completed, the draft of the printed article shall be prepared on the 23th of the same month, and on the 19:00 of the same month.

In the same month, 700 articles from the office of the defendant by fraud, such as that the person had in advance at the office of the defendant

12:40: Around 12:40, the Defendant, etc., distributed to △△△△ and △△△△, thereby spraying within the ○ University.

Inciting a demonstration that is likely to cause social anxiety, and the inducement at the house around 19:00 on the same day.

Having distributed water to his players and conspired with the aforementioned demonstration;

3. In collusion with the △△△ branch:

On May 16, 1980, at around 20:00, the Defendant’s house “Irre??????????????????????????????????

A person who has an peculiar floor by creating a sacrife and crisis under the current physical system with a sacrife of the people;

not support, i.e. workers and students who were forced to participate in the French democracy and campaign.

50 copies of printed articles, such as the release, shall be produced without being subject to prior censorship by the martial law commander.

of this month on the 17th day of the same month, in which a large number of people gather, spraying to the Buddhist Audit Board of the Guctrine of Guctrine.

the Commission;

4. In collusion with the △△△△, and this0, the martial law commander shall not be subject to prior censorship;

A. At around 21:00 on October 11, 1980, at the house above the above Lee 00, the defendant and Lee 00 on his own, "Magwon"

C. The term “(500)” means manufacturing 50 copies of printed materials as referred to in items, and Gwangju, divided into Defendant, 1 △△△△, 00

Scattering to the ○○ Dong, ○ Dong, etc. in Si;

(b) On the 15th 21:00 of the same month, at the house above the above 00, the defendant, and the OO "in refusal" means martial law under the title below;

1,00 copies of printed articles that refuse a national referendum shall be copied and manufactured on the 16th of the same month; 21:00

Having been spreaded to the ○○ Dong, ○○ Dong, and ○○ Dong, which have been divided into the same defendant, the △△△△, and the 00;

5. The above 00 between January 10, 1981 and 24:00 of the same day in collusion with this △△△△ and this 00

The term "free press 2" in the house of the Republic of Korea means that the Government claims the rights of the people under the title of paragraph (2) and that the people are transferred to the people by the Government.

J. 790,000 people of Gwangju cannot kill all of 790,000, so that they must be sealed in accordance with the ○ Military Self-Governing Party.

11. 19:20 of the same month from 19:20 to 24:00 of the same month.

Until then, by spreading to the △△△△, the Gwangju ○-dong, Dong, ○○-dong Housing with this △△△△△, thereby spreading social anxiety.

To instigate any demonstration which is likely to cause, and

6. In collusion with 00, △△△, and O,

A. On March 11, 1981, at the above House of 20:00 on March 20:3, 1981, the Defendant’s “the assembly of the Republic of Korea in May of the Republic of Korea” refers to the assembly of the Assembly

According to the following, the citizens of Gwangju are not as soon as possible but as citizens love free democracy:

B. ○○○ is a person who commits a crime in front of the people and is subject to detention, i.e., a presidential position.

On May 10 of the same year, the Defendant, the △△△△△, and 00, at the above location, proposed to keep the Defendant from doing so.

Manufacturing 1,00 copies of water shall be made from 21:00 to 23:00 of the same month on the same day.

like 00, Gwangju ○○-dong, ○○-dong, ○-dong, ○○-dong, and ○○-dong, with substantial social uncertainty.

inciting any demonstration which may cause or threaten to cause it, and

B. On May 10, 18:00 of the same year, at the house of the above Lee 00, the Defendant, and Lee O, “the truth-finding by a broad citizen”

Sub-paragraph (d) the following content: the military self-regulation and cruel democratic pressure for the entire 000 per day;

1,00 plastic bags shall be manufactured on the 12th of the same month, around 21:00 of the same month, and Gwangju, such as this △△△,

○○○-dong, ○○-dong, Dong, Dong, ○-dong Housing Units to instigate the above demonstration;

7. In collusion with 00 man:

Manufacturing at ○ University, at around 19:00 on April 14, 1981, at ○ University, from which those persons had previously been employed.

The term "defluores" shall have the winding of the violence and the winding agents under the title of paragraph (1) above.

Demonstration which is likely to cause a substantial social anxiety by extracting printed materials with the content of writing it;

50,00

8. (a) On May 14, 1980, at around 19:20 on May 14, 1980, the term “Adominc Doc Doc Contributor Revolution” in the house of the above defendant was as

30 copies of printed articles compared with government policies, such as background of the East School, streetes of the Green Zone, etc., are under martial law;

A copying officer without undergoing prior censorship by the officer, and on the 16th day of the same month, at around 14:00, the location of the former ○○-gun.

○ In the correction of the Agricultural High School, spreads to many groups that are gathered in the same school system;

(b) on May 10, 1981, using divers in the above 00’s house, “in vain t.e., five-month divers.”

Conspiracy with any demonstration that is likely to produce the posters and cause a significant social anxiety;

(c) For the purpose of the House of 21:00 above the 21:00 of the same month, the term “luminous citizen’s residence tax” means either the Gwangju citizen under item (a).

2. Illegal copying 2 copies of printed articles with the content that he/she had shotly killed in order to prevent the invasion of readers;

Manufacture of the aforementioned demonstration; and

(d) At around 15:00 on the 23th day of the same month, the term “sleep file” means a ice file with ice as set forth in title;

80 copies of printed articles with no event shall be manufactured by illegally copying 80 copies of printed articles, and such demonstration shall be held.

As "........."

As seen earlier, the facts charged do not constitute a justifiable act under Article 20 of the Criminal Act, and thus, they are not guilty under the former part of Article 325 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

Freeboard (Presiding Judge)

Kim Yong-chan

Scareman