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(영문) 수원지방법원 2015.09.03 2014노7409
집회및시위에관한법률위반
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal (the additional grounds for appeal that was added after the deadline for submitting the grounds for appeal are to the extent that supplements the grounds for appeal) is a party speech meeting and a legitimate political party activity guaranteed by the Constitution and laws. Thus, the judgment below convicting the Defendant of the facts charged of this case that held an unreported outdoor assembly even though it does not constitute an outdoor assembly subject to reporting under the Assembly and Demonstration Act (hereinafter “Act”), is unlawful.

2. In the lower court’s assertion as stated in the above grounds for appeal, the lower court rejected the Defendant’s assertion in detail, stating in detail the Defendant’s assertion and judgment on it. The assembly subject to security and regulation under the Assembly and Demonstration Act refers to an assembly where a specific or unspecified number of people form a common opinion and temporarily gather at a specific place for the purpose of expressing it externally (see, e.g., Supreme Court Decision 2011Do6294, Apr. 26, 2012). Although a political party speech meeting guaranteed by the Political Parties Act is a party speech meeting, it cannot be deemed exempted from the obligation to report under the Assembly and Demonstration Act if it constitutes an outdoor assembly as provided by the Assembly and Demonstration Act (Article 15 of the Assembly and Demonstration Act). As seen in the lower court’s legitimate reasoning, the Defendant’s assertion on a different premise is not acceptable.

3. In conclusion, the defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the defendant's appeal is to be borne by the defendant pursuant to Articles 191 (1), 190 (1), and 186 (1) of the Criminal Procedure Act.

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