(영문) 대구지방법원 2016.09.23 2016노2088 | 리걸엔진

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(영문) 대구지방법원 2016.09.23 2016노2088

집회및시위에관한법률위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-misunderstanding Defendant’s finding of fact was a contingent relief proposal in the process of carrying out a press dog, and the frequency of such proposal is limited to three to four times, the fact that the Defendant was not prepared and requested to do not exist, and that the overall press dog is peacefully proceeding, this does not constitute an assembly under the Assembly and Demonstration Act.

However, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of the instant facts charged, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records of this case and the facts of this court, the defendant was sentenced to a suspended sentence of two years on July 16, 2016 by the Daegu District Court on October 8, 2015 due to interference with business affairs, etc., and the judgment became final and conclusive on July 16, 2016. The crime of the judgment of the court below and interference with business affairs, etc. against the defendant, which became final and conclusive on July 16, 2016, shall be sentenced to punishment for the crime in the judgment of the court below in consideration of the equity with the case of concurrent crimes after Article 37 of the Criminal Act, and shall be sentenced to punishment for the crime in the judgment of the court below

However, the judgment of the court below shall be reversed ex officio, but the defendant's assertion of mistake is still subject to the judgment of the court and shall be examined below.

B. 1) The judgment of the court below also asserted the same purport as the grounds for appeal in this part, and the court below, considering the circumstances as stated in its reasoning, which were known in the summary of the evidence as stated in the judgment of the court below in light of the aforementioned circumstances, the press opinion of this case is purely a press opinion.

참조조문

-집회 및 시위에 관한 법률

-형법 제37조

-형법 제39조 제1항

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