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(영문) 대법원 2013.09.26 2011도10422
집회및시위에관한법률위반
Text

All appeals are dismissed.

Reasons

1. Judgment on Defendant B and C’s grounds of appeal

A. On the grounds of its reasoning, the lower court determined as to the grounds of appeal on the violation of the Act on Assembly and Demonstration due to the holding of a non-reported outdoor assembly (hereinafter “the Act”), and on the grounds of its stated reasoning, determined that the above Defendants’ instant meetings were in the form of a non-regular outdoor assembly, and in fact, they were gathered at a certain place for the purpose of forming their common opinions on opposition to the dismissal of non-regular workers and expressing them externally and expressing them externally, and constitute a “convening” assembly subject to a report under the Act. In that process, the act of moving on a motor vehicle conducted as part of an act to express their opinions in the process cannot be deemed as simple distribution, apart from the “convening”. Defendant C, as the chairman of the headquarters for the non-regular outdoor assembly, was in collusion with Defendant B, the head of the headquarters for the non-regular nuclear assembly, and held the instant assembly in the

In light of the relevant legal principles and records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to the concept of assembly or joint principal offender under the

B. Examining the reasoning of the judgment below as to the ground of appeal on the violation of the Act due to the failure to comply with the dispersion order in light of the records, the court below is justified in finding the above Defendants guilty of violating the Act due to the failure to comply with the dispersion order among the charges of this case against the above Defendants. In so doing, contrary to the allegations in the grounds of appeal, there were no errors of misapprehending the legal principles

C. Based on its stated reasoning, the lower court held that the Defendants were arrested as a flagrant offender in collusion with Defendant D.

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