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(영문) 서울중앙지방법원 2018.09.06 2018고정583
집회및시위에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. On March 24, 2016, from around 14:40 to 16:15, the Defendant, as the former president, hosted “E” in the presence of 600 members around D Park in Jongno-gu Seoul, Jongno-gu.

The organizer of an assembly or demonstration may not generate any noise that causes serious harm to others by using a loudspeaker, etc. and that violates the standards set by Presidential Decree, and shall not, in cases where the head of the competent police station orders the maintenance of noise below the standards or the suspension of the use of the loudspeaker, etc., or takes necessary measures, such as temporary storage of the loudspeaker, etc., violate the order or refuse

Nevertheless, around 15:06 on March 24, 2016, the Defendant violated the order to maintain noise below the standard of the head of the competent police station and to suspend the use of the loudspeaker, etc. by generating noise from 76.3db above 75db, which is the criteria for permission of noise at the above assembly site, and receiving an order to maintain noise from 15:39 on the same day or around 79.5db on the same day, while the Defendant continued to receive an order to suspend the use of loudspeaker, etc. on the same day, and failing to take necessary measures, such as reducing noise, without refusing to receive the order, even if the Defendant received the order to suspend the use of the loudspeaker, etc., and by generating noise from 15:58 around 77.2db on the same day.

2. Based on the evidence adopted and examined by the court, the following circumstances are acknowledged: (i) the Defendant appears to have been unaware of the specific contents of the order for noise maintenance at the time, namely, (ii) the Defendant was unable to receive a noise maintenance order and an order for suspension of use of loudspeakers, etc. at the time; and (iii) the police officer in charge of noise measurement issued a noise maintenance order and an order for suspension of use of loudspeakers, etc. at the time, and issued each of the above orders to view and foster the Defendant at the scene of the assembly where the Defendant was seated, but at the time, F and the Defendant were at least 5 meters away from the other participants in the assembly.

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