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(영문) 서울중앙지방법원 2015.01.15 2014고정5532
집회및시위에관한법률위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

1. At around 21:20 on June 10, 2014, at the boundary of C, the place where the demonstration of an outdoor assembly is prohibited, the Defendants took part in the demonstration of June 10, 2016, with approximately 100 members, such as only 60 meters of the members, such as the Universal Joint Meeting and the Road in Jongno-gu Seoul, Jongno-gu, Seoul, and approximately 60 meters of the members, such as the Universal Joint Meeting, the Plock, the “person in charge”, the “Frata”, the “I will not be forgotten,” and the “I will not be forgotten with the audience,” and participated in the demonstration of the 6.10 Cheongdae Man Man-man Assembly with the appearance of the same relief.

Accordingly, the Defendants participated in the demonstration within the limit of 100 meters at the boundary point of C, which is the place where the assembly or demonstration is prohibited.

2. The Defendants, by conducting a demonstration at the same time, at the same place as the preceding paragraph, and at the same time and place as above, failed to immediately dissolve the Defendants even after they received the order of voluntary dispersion from the 14th order, from the 14th order commander who was delegated by the head of the Seoul Southern Police Station on June 10, 2014; the first order of dispersion around 21:45 on the same day; the second order of dispersion around 22:02 on the same day; and the third order of dispersion around 22:05 on the same day.

Accordingly, the Defendants refused to comply with the dispersion order of the police.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of G and H;

1. A written statement of I;

1. Investigation report (the dynamic image analysis notified as a dissolution order);

1.6.10. Report on the current status of the Cheong Man Man Man Mangy Games;

1. Application of the statutes governing the place where assembly or demonstration is prohibited;

1. Defendants: Article 23 subparag. 3 of the Assembly and Demonstration Act and Article 11 subparag. 3 of the same Act (the point of participating in the demonstration at the place where the outdoor demonstration is prohibited), Article 24 subparag. 5 of the Assembly and Demonstration Act, Article 20(2) and Article 20(1)1 of the Assembly and Demonstration Act (the point of refusing to comply with the order of dissolution), the selection of each fine;

1. Defendants to be suspended from sentence: Fines of 500,000 won; and

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. The Defendants: Article 59(1) of the Criminal Act provides that the Defendants shall be subject to suspended sentence.

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