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(영문) 서울중앙지방법원 2017.10.11 2017고정2340
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who works as the director-general of the Seoul District Office of Trade Union.

A person who intends to hold an outdoor assembly or demonstration shall submit a report on it to the head of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly or demonstration.

The Defendant: (a) from September 2015, the representatives of C (hereinafter “C”) around September 2015, during negotiations with the Seoul Office of Education from around 2015, the Defendant was able to look at the nature of a single farming, which was around June 30, 2016, and established a tent farming growth at the parking lot of the Seoul Office of Education; (b) however, the Seoul Office of Education removed the said farming growth from the side of the Seoul Office of Education to hold the “D”.

Accordingly, from around 17:55 to 18:45 on the same day, the Defendant, without reporting an assembly, organized D’s assembly by holding a flag card stating the contents, such as “F” in the right delivery of the Seoul Metropolitan Office of Education, and “F” in the presence of 150 members, such as C, in the presence of 48 Seoul Jongno-gu Office of Education, and “the party who has withdrawn a dispute over the office of removal of non-regular workers in the school” and “the party who has withdrawn a dispute over the office of removal of non-regular workers in the school”

As a result, the defendant did not report to the head of the competent police station to hold an external assembly.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. A protocol concerning the examination of the police officer in G;

1. Application of internal investigation reports (related to documentary evidence), documentary evidence CD-related Acts and subordinate statutes;

1. Article 22 (2) and Article 6 (1) of the Act on the elective Assembly and Demonstration against Criminal Facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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