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(영문) 서울중앙지방법원 2016.06.23 2015노4643
일반교통방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on Assembly and Demonstration around March 25, 2014, the Defendant did not hold an assembly or demonstration at the time and at a place specified in paragraph (2) of the criminal facts stated in the judgment below, and the members of the Korean Metal Trade Union M subdivision (hereinafter “labor union”) including the Defendant et al. (hereinafter “labor union subdivision”) were engaged in propaganda activities at the center near the end station at the time, the members of the Korean metal trade union, including the Defendant, carried out propaganda activities at the center near the end station at the time, and moved from the members of the Korean newspaper company, who were enrolled in the local area to the office of the old union branch located in the fifth floor of the five-story building of the newspaper company at the time when they were moved from the members of the Korean National Assembly in the area, who were going to the old branch in the third class of the newspaper company at the front class of the third class, after taking a photo before the scene and were requested by the police to be dispatched to the site, only is between the old

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

B. Inasmuch as the Defendant was acquitted of violation of the Act on Assembly and Demonstration due to an outdoor assembly or demonstration held on March 25, 2014 among the facts charged in the instant case, as alleged in the misunderstanding of the foregoing facts, the sentence of the lower court against the Defendant is too unreasonable.

2. Summary of the facts charged (the violation of the Assembly and Demonstration Act on March 25, 2014) and determination thereof

A. A person who intends to hold an outdoor assembly or demonstration shall submit a written report stating the purpose, date, time, place, etc. of the outdoor assembly or demonstration to the head of the competent police station from 720 hours to 48 hours before the outdoor assembly or demonstration is held;

Nevertheless, the Defendant, in the presence of the head of the district police station in Jongno-gu, Jongno-gu, Seoul, from March 25, 2014 to March 17:02, 201, was running “M Shipping Center (MM Shipping Center),” without reporting to the head of the competent police station, and at least 36 staff members and nine members of the Korea Egyptive Team in the presence of 45 members.

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