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(영문) 서울중앙지방법원 2017.10.13 2017고정2359
집회및시위에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who works as the Speaker B (hereinafter referred to as “B”).

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

Nevertheless, from around 12:30 on May 19, 2016 to 12:47 on the same day, the Defendant, in front of the D Building in Jongno-gu Seoul, five members, etc. without reporting a meeting, and “5.18 U.S. residents’ lives who are in charge of the May 18 U.S. residents’ lives,” was holding flas cards and flasetss attached with the contents and related photographs, and “5.18 U.S. residents’ lives who are in charge of the May 18, 2018” with “S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.

Accordingly, the Defendant organized an outdoor assembly that was not reported to the head of the competent police station.

Summary of Evidence

1. Information status;

1. Each internal investigation report [referring to an assembly that is subject to guarantee and regulation under the Assembly and Demonstration Act refers to a “temporary gathering of a specific or unspecified number of people to a certain place for the purpose of externally expressing their opinions by forming a common opinion” (see, e.g., Supreme Court Decision 2007Do1649, Jul. 9, 2009). The following circumstances acknowledged by evidence are as follows. In other words, six persons, including the Defendant, holding a fluor card and a fluet as indicated in its reasoning, holding a fluor card and a fluoret, and the Defendant tried to deliver a letter in the U.S. Embassy,” and the Defendant, etc., expressed the “fluor’s opinion” while engaging in acts as stated in its reasoning.

Even if a certain number of people form a common opinion and express it externally, it is temporarily gathered at a certain place under the purpose of the assembly and demonstration.

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