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(영문) 서울중앙지방법원 2017.02.02 2016고정3561
집회및시위에관한법률위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who works as a joint representative of “C”.

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, the Defendant did not report an outdoor assembly to the head of the competent police station on February 5, 2016 from around 13:00 to 13:20 of the same day, the Defendant, as well as the head of the competent police station, participated by 15 members belonging to the above “C,” and introduced the visitors to the society at a nominal assembly of the F, which was held by 15 members of the said “C,” and led the participants to take care of the relief, such as “a declaration of invalidity of the agreement,” and led them to take care of the entirety of the assembly, by carrying out the assembly, such as: (a) the implementation of an assembly by which the content of the agreement on the agenda is discarded in a waste bag.

As a result, the defendant did not report to the head of the competent police station to hold an external assembly.

Summary of Evidence

1. Partial statement of the defendant;

1. Evidentiary materials;

1. Each report on internal investigation (the sequences 3, 5, 13, 14);

1. Application of the video CD-related Acts and subordinate statutes to progress;

1. Article 22 (2) and Article 6 (1) of the Act on the elective Assembly and Demonstration against Criminal Facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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