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(영문) 서울중앙지방법원 2012.10.15 2012고정1646
집회및시위에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall destroy, damage, or fire a road, a waterway, or a bridge, or obstruct traffic by other means.

At around 19:35 on June 10, 201, the Defendant participated in the “competing meeting of anti-value registration fees” held as C on the south side of the Jongno-gu Seoul Jongno-gu Seoul Cheongyang and on the roadway, and at around 22:07-24:00 on the same day, the Defendant obstructed the traffic of vehicles by holding the 6-8-laned lanes from among the participants at the above assembly, with the “unconditioned anti-value registration fees” as well as the 1,000 persons among the participants at the above assembly, in the process of providing relief.

Accordingly, the Defendant conspired with the above participants in the assembly and interfered with traffic.

Summary of Evidence

1. Defendant's legal statement;

1. An information status report;

1. Application of Acts and subordinate statutes on photographic materials;

1. Relevant Article of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant had been punished several times for the same kind of crime, etc., the defendant committed the crime of this case, the time and reflects against the defendant, and the fact that the defendant was causing the crime of this case in the course of participating in the meeting of this case with interest to important social issues in our society, shall be considered together with the favorable circumstances for the defendant, and the punishment as ordered shall be determined by considering all other circumstances such as the defendant's age, character, conduct and surrounding environment, motive, means and consequence of the crime, the circumstances after the crime

Parts of innocence

1. On June 10, 201, at around 19:35, the Defendant attended the meeting with 4,000 participants in the meeting to “an assembly for implementation of the anti-value registration fee,” which is held by Jongno-gu Seoul Metropolitan Government Cheongsan and on the side of the roadway, and “an assembly for implementation of the anti-value registration fee, i.e., the anti-value registration fee without any conditions,” and proposed relief.

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