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(영문) 서울중앙지방법원 2012.11.08 2012노1329
집회및시위에관한법률위반
Text

The judgment of the court below is reversed.

Defendant

The sentence for A, B, C, and D shall be suspended, respectively.

Defendant

A, B, C, and D.

Reasons

1. Scope of trial of the political party after remand;

A. The prosecutor of the judgment below brought a public prosecution against Defendant A, B, C, and D (hereinafter collectively referred to as “Defendant A, etc.”) on the charge of violating the Act on Assembly and Demonstration due to the failure to file a report at the parking lot for the funeral hall of La hospital, and against the Defendants and Co-Defendant F of the court below on the charge of violating the Act on Assembly and Demonstration due to the failure to file a dispersion Order before the main hall of Samsung Electronic Co., Ltd. (hereinafter “Tsung Electronic”). The court below found the entire charges guilty, and sentenced Defendant A, etc. of a fine of KRW 70,000,000,000,000,000,000,000 won, respectively.

B. The Defendants filed an appeal on the grounds of misunderstanding of facts or misunderstanding of legal principles with respect to the above judgment of the court prior to remand (the original co-defendant was not appealed and the judgment of the court below on this part became final and conclusive as it is), and the judgment prior to remand was all dismissed.

C. The Defendants filed an appeal against the judgment of the court prior to remand. The Supreme Court rejected Defendant A, etc.’s appeal on April 26, 2012 regarding the violation of the Assembly and Demonstration Act due to the organizing of an unreported demonstration on the grounds that the appeal by the Defendants, etc. is groundless. However, with respect to the part of violation of the Assembly and Demonstration Act due to the Defendants’ non-compliance with the dispersion Order, Article 20(1)2 of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) does not stipulate any separate dissolution requirement as the object of an unreported outdoor assembly or demonstration subject to dispersion order, even if the outdoor assembly or demonstration does not clearly cause a direct danger to others’ legal interests or public safety and order due to such outdoor assembly or demonstration, the Defendants may order dissolution pursuant to the above provision, and the order of dispersion meeting these requirements.

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