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(영문) 대구지방법원 2016.11.24 2015고단5307 (1)
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the head of the D church located near the C square.

1. No person who has violated the Assembly and Demonstration Act shall interfere with a peaceful assembly or demonstration or disturb the order thereof by means of violence, threat or other means;

Nevertheless, on July 5, 2015, the Defendant had the mind to interfere with the assembly and progress of gathering complaints in the “G”, which is held to improve the pride and human rights of sexual minorities in front of the F department stores located in Jung-gu, Daegu-gu, Seoul.

Accordingly, at around 17:15 on July 5, 2015, the Defendant: (a) went to the face, etc. of one’s person prepared in front of I (Mariririririririririri), and went to the G procession where he was frighted, and (b) went to a large banner (7.5 meters in length and 5 meters in length) where the phrase “J” was written in the frighthead of the Haak-gu, Daegu-gu, Daegu-gu, Haak-gu, Haak-gu; and (c) laid off a banner with a hand-on hand, and continued to put the participants into the banner for 10 minutes in order to put the participants under close to the normal progress, thereby interfering with a legitimate assembly for about 10 minutes in a way that may cause the participants to escape from the face, etc.

Accordingly, the defendant interfered with peaceful assemblies by means of violence, intimidation, or other means.

2. The Defendant damaged property damage by putting a large banner on a banner by putting it on a hand, at the time and place indicated in the above paragraph (a), and destroying a banner equivalent to 300,000 won at the market price owned by the Victim G Organizing Committee.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about K, L, M, and N;

1. A report on an outdoor assembly;

1. Each photograph;

1. Application of the receipt statute

1. Articles 22(1) and 3(1) (a) of the Act on Assembly and Demonstration relating to the facts constituting an offense, and the Criminal Act;

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