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(영문) 대전지방법원 서산지원 2017.12.14 2017고정256
집회및시위에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

A person who intends to hold an outdoor assembly or demonstration shall submit to the head of the competent police station a report stating the purpose, date, and place of the assembly or demonstration, the address, name, occupation, contact address of the organizer, person in charge of liaison, the person in charge of order maintenance, the organization scheduled to participate, and the sources scheduled to participate in the assembly or demonstration, etc. from 720 to 48 hours prior to the outdoor assembly or demonstration.

The defendant, as the secretary general of the D non-regular support center operated by the Committee, was willing to hold an unreported outdoor assembly on the grounds that he/she notified the need to increase the minimum wage as KRW 10,000.

Accordingly, the Defendant, without reporting an outdoor assembly and demonstration to the head of the competent police station, installs a banner on the traffic sign located in the above area from June 29, 2017 to June 19:00 to June 20, 2017, with the content of “the so-called “the so-called "the so-called "profeter, the Si level 00, the person removing the Si level 00 thousand won, the non-regular worker,” and then does not last for our life.

At present, the 'Woo' and the 'Minimum Wage' have been in charge of an outdoor assembly by using diskettes 10,000 won to change our life with the people's wage volume. The 'Woo', and making a speech with the contents that the minimum wage should be increased by 10,000 won using microphones.

Accordingly, the Defendant organized an outdoor assembly that was not reported.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant asserts that there is no illegality as to the fact that the assembly of this case is not required to be reported in advance or not reported.

However, in full view of the preparation form, facilities, and purposes of the instant assembly, the number of participants, places, and forms, etc., which can be recognized by the above evidence, the instant assembly organized by the Defendant is necessary to be reported in advance as prescribed by the Assembly and Demonstration Act, and the assembly of this case without reporting.

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