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(영문) 서울중앙지방법원 2012.10.18 2011노3502
집회및시위에관한법률위반
Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged in the instant case is Defendant B, C is the members of the branch of Dnonam Seoul Southern District E, and Defendant A is the F Director of the Seoul Southern District.

At around 10:40 on April 7, 2010, the Defendants, without filing a report on an outdoor assembly or demonstration, organized a non-reported assembly, with the names of 30 members of the E division in the Seoul Southern-gu Seoul Southern-gu, and with the name of 72 members in front of the Dongjak-gu Police Station located in the Dongjak-gu Seoul Nowon-gu Police Station located in Nowon-gu Seoul Metropolitan Government Nowon-gu, by suffering from a brupt, such as “non-regular conversion, resistance, or strike,” “E letter, labor workers, etc.,” and by holding a fluence card of the Dongjak-gu Police Station in front of the door of the Dongjak-gu Police Station located in Nowon-gu, Seoul.”

Therefore, even though the director of the Dongjak Police Station who was delegated by the head of the Dongjak Police Station requested voluntary dispersion at around 10:43 on the ground that the Defendants were not in compliance with the request, the Defendants ordered the first dispersion order at around 11:0, the second dispersion order at around 11:05, the second dispersion order at around 11:12, and the third dispersion order at around 11:12, but the Defendants did not immediately dissolve.

As a result, the Defendants conspired with 30 members of the above E division, and did not comply with the dispersion order of the police for this reason.

B. The lower court found all of the facts charged of this case guilty by compiling the adopted evidence.

2. Summary of grounds for appeal;

A. In relation to the holding of a non-reported assembly, the event held at the time and place recorded in the facts charged is merely a usual press conference by inviting reporters for the purpose of expressing unfair opinions, since the investigation by police officers of the Dongjak Police Station related to the case of assault by the president, and thus, does not constitute an assembly subject to reporting under the Assembly and Demonstration Act (hereinafter “Act”).

(2) As to the failure to comply with the dispersion order, the facts charged are written.

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