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(영문) 서울중앙지방법원 2013.09.26 2012고단3409
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2012 Highest 3409"

1. On November 23, 201, from around 18:00 to around 21:00 of the same day, the Defendant participated in the E assembly, which is an unreported outdoor assembly organized by using approximately KRW 6,000 members of D members, as well as a banner, a 30 flac, and an organization’s name, a flagpole, and a stage vehicle.

Therefore, the director of the South-west Police Station guard division ordered by the Chief of the South-west Police Station requested voluntary dispersion against participants on the ground that they are illegal assemblies not reported at around 19:58.

Nevertheless, the participants, including the Defendants, did not dissolve, and the director of the security division of the Seodaemun Police Station ordered by the chief of the South Seodaemun Police Station at around 20:02 at around 20:02 at around 20:18, on three occasions at around 20:37, the order of dissolution was issued to the effect that the Defendants and the participants of the assembly, including the Defendants, were not dissolved without delay.

Accordingly, the defendant rejected a dispersion order by the chief of the competent police station.

2. After the completion of the assembly mentioned in paragraph (1), the Defendant interfered with general traffic, from around 21:00 on November 23, 201 to around 21:40 on the same day, proposed the “F withdrawal and invalidation of ratification” relief with approximately 3,50 participants at other assemblies, and led the vehicle to go through the open wind gate, without occupying three lanes in front of G roads.

Accordingly, the defendant conspired with the above participants in the assembly and interfered with the traffic on the land.

No person of "2012 Highest 5166" shall destroy a road, waterway, or bridge, or interfere with traffic by any other means.

The Defendant participated in the “H” hosted by D, etc., and then takes the front of the Seodaemun History Cultural Park Station from March 14, 2012 to April 22, 2012, along with 200 participants of the assembly from March 14, 2012 to 22:4.

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