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(영문) 서울중앙지방법원 2014.10.31 2014고정521 (1)
집회및시위에관한법률위반등
Text

Defendant

A and B shall be punished by a fine of KRW 500,000,000 and by a fine of KRW 300,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

At around 11:00 on August 9, 2013, Defendants participated in the press dog led by the “18th presidential election campaign headquarters” in the delivery near the new intersection of Jongno-gu Seoul Metropolitan Government.

After that day, the Defendants 1:10 on the same day moved to the road, and see the 'E's 'E is responsible for illegal elections and withdraw from office' and tried to enter the direction of the Cheongdae by creating reliefs such as 'E'.

Accordingly, the police officers who had been kept at the same time prevented the Defendants, and the chief of the Seoul Shiro Police Station, entrusted by the chief of the Seoul Shiro Police Station, issued the first dispersion order around 11:13 on the same day to the Defendants, the second dispersion order around 11:16 on the ground that the chief of the Seoul Shiro Police Station did not hold a report meeting.

Nevertheless, until 12:15 on the same day, the Defendants continued to put up the diskettes on the roads and the sidewalk near the above new road, without complying with the order of dissolution, and continuously raised the relief such as “E”.

As a result, the Defendants conspired to commit a prohibited act in a manner that obstructs traffic on the road, and did not immediately dissolve even after being ordered to do so.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Each police protocol on G, H, I, J, F, K, and L;

1. Written statements;

1. Information situation data and investigation reports (related to a record of video recording notified, such as issuance of a dispersion order and reasons for dissolution);

1. Application of the Acts and subordinate statutes in Chapter 3 of the Indian occupation demonstration-site photographs and CDs;

1. The Defendants in charge of the crime concerned and the choice of punishment: Article 157 subparagraph 4 of the Road Traffic Act, Article 68 (3) 2 of the same Act, Article 30 of the Criminal Act, Article 24 subparagraph 5 of the Assembly and Demonstration Act, Article 20 (2) and Article 20 (1) 2 of the Criminal Act, Article 30 of the Criminal Act, and the selection of fines, respectively;

1. Defendants among concurrent crimes: Each criminal law.

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