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(영문) 서울중앙지방법원 2015.02.09 2014고정5446
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 5, 2013, the defendant, as the Director General of the C Party Strategy Bureau before dissolution, filed a petition for adjudication of dissolution of a political party against C political party on November 5, 2013, he planned to hold a briefing session by going to the outside of 100m immediately and planned to hold an outdoor assembly. On November 11, 2013, the defendant 100 other C party-related persons and 100 other C party-related persons and moved to the front of the Jongno-gu Seoul Metropolitan Government Government Government Office.

A person who intends to hold an outdoor assembly shall submit a report from 720 hours to 48 hours before commencing the outdoor assembly to the chief of the competent police station.

Nevertheless, at around 11:10 on November 8, 2013, the Defendant: (a) held microphones; (b) held in front of the participants in the press conference; and (c) held the following reliefs: (a) held in favor of the participants in the press conference; and (b) held that “the suspension of dissolution of a political party by spreading democracy and stopping the dissolution of a political party.”

At around 11:20 on the same day, the Defendant continued to create relief upon receiving a request from the head of the Seoul Guro Police Station security guard and the head of the Seoul Guro Police Station to voluntarily dissolve because it has been deteriorated as an unreported assembly, and the participants were also recovered several times.

Around that time, the Defendant provided D, E, and F with an opportunity to free speech, and D, E, and F stated that “the C Party’s request for dissolution is against democracy destruction, national pressure, and the end.”

At around 11:35, the Defendant attempted to proceed to the direction of the audience in the group in front of the participants, and at around 12:00, the participants agreed to participate in the direction, and the participants led to the creation of relief.

At around 12:23, the Defendant proposed to the effect that he would tear the letter of resistance prepared with the participants, and proceeded with such propagation, and the Defendant was dissolved with other participants at around 13:45.

As a result, the Defendant organized an unreported assembly from November 8, 2013 to 13:45.

Summary of Evidence

1. Partial statement of the defendant;

1. C party (unreported illegal assemblies and progress);

1. Report on Information Status, Application of Notarial Acts and subordinate statutes

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