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(영문) 서울서부지방법원 2017.09.06 2016고단3080
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The Defendant is the Secretary General of the C Group (hereinafter “C Group”).

around D 10:45, members of the above “C”, including the Defendant, held a meeting to resist the arrest of flagrant offenders due to interference with the execution of special official duties by 4 members in the “F coffee point” located in Seoul E, thereby obstructing the enforcement of the name of the Seoul Western District Court.

A person who intends to hold an outdoor assembly or demonstration shall submit a report 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 submit a report on assembly to the head of the G police station from D 14:45 to 15:45, along with approximately 30 members of the G police station located in Seoul H, demanded the release of four members, etc. of the above “C” arrested as a flagrant offender in the Defendant’s society, and held an outdoor assembly by means of creating relief, such as “G police station angle”, “I release”, “J release release”, “K release release”, and “L release release”.

Accordingly, the defendant did not submit a report to the competent police station, and held an outdoor assembly.

Summary of Evidence

1. Each legal statement of witness M, N,O, and P;

1. Photographss of assemblies, photographs, fluorous videos, and screen pictures;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 22 (2) and Article 6 (1) of the Act on the elective Assembly and Demonstration Concerning Criminal Facts, and Articles 22 (2) and 6 (1) of the same Act, and the selection of fines;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant et al., in front of the question of the G police station, conducted a briefing check to identify the arrest of a flagrant offender by members I of the said “C” and did not hold an assembly. The purpose of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) and the “ Demonstration” are the purpose of the Assembly and Demonstration Act.

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