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(영문) 서울중앙지방법원 2014.08.22 2013노395
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Article 10, Article 24 subparag. 5, and Article 20(2) of the Act on Assembly and Demonstration unconstitutional, and Article 185 of the Criminal Act are unconstitutional. (2) The date and time when the Defendant was able to take place is “from June 12, 201 to 01:25 on the same day.” As the date and time when the Defendant was able to take place is “from June 12, 2011 to 00:1:25 on the same day” in the lower judgment, the part where the Defendant was able to take place “from June 12, 2011 to 01:25” was “from June 12, 2011 to 01:25, the part where the Defendant was able to take place is either misunderstandings or misconceptions of the fact.”

C) It does not constitute a case where the traffic of a vehicle was impossible or considerably difficult, and it did not constitute a general traffic obstruction, and the Defendant did not have the intent to interfere with the general traffic. (d) The instant dust moving 1 km by using only a minimum road in a peaceful way would be dismissed by an act that does not violate social rules.

3) As to the non-compliance with the dispersion order, the Defendant did not hear the dispersion order, and the dispersion order of this case did not meet the lawful requirements as stipulated under the law. 4) The Defendant entered as a D E-ray with other participants in the manner that the Defendant was able to avoid extreme choice, which is the suicide of G with scras and with the intent to avoid the extreme choice, with respect to the joint residence intrusion. Thus, it does not violate the social rules.

B. The lower court’s sentence of unreasonable sentencing (fine 700,000) is too unreasonable in light of the Defendant’s career, background of the D situation, and the social meaning of the Defendant’s participation.

2. Determination

A. It is against the Assembly and Demonstration Act due to the failure to comply with the order of dissolution ex officio and the prosecutor's judgment ex officio.

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