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(영문) 대전지방법원 2018.10.26 2018고단1777
집회및시위에관한법률위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for nine months and by imprisonment for five months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the head of the Category D branch, and Defendant B is the head of the same branch office.

On March 15, 2018, the head of the Sungsung Police Station submitted a report to the effect that “from March 17, 2018 through April 00, 2018 to April 13, 2018, 600 members of the affiliated association shall participate in the conference of “the meeting to eradicate illegal subcontracting and eradicate illegal employment” by means of relief, behavior, speech, etc.” to the head of the competent police station, and the meeting was held in the vicinity of the construction site in accordance with the contents reported by Defendant A, the head of the relevant branch, under the direction of Defendant A.

On March 26, 2018, around 06:20 around 06:20, the Defendants entered into the construction site through the lower part of the entrance of the construction site closed on the ground that the Defendants did not comply with their requirements, and subsequently, up to 15:00 on the same day, the Defendants suspended construction by installing three banners on the top of the string for about 8 hours and 40 minutes from the string of the string at the construction site.

In the meantime, the members of the above D branch were holding a meeting in the vicinity of the construction site.

As a result, Defendant A violated the rules of compliance of the organizer of the assembly by clearly deviating from the place and method of the report, the Defendants conspired in collusion with the victimized person (state) into the structure under the management of H, and interfered with the management of the H’s construction site and the construction work by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made to I by the police;

1. Photographs of the violation of assembly or demonstration;

1. Application of Acts and subordinate statutes to the place of outdoor assembly report and reported assembly site;

1. Article 22(3), Article 16(4) of the Assembly and Demonstration Act (the violation of the Assembly and Demonstration Act), Article 319(1), Article 30 of the Criminal Act (the violation of the Assembly and Demonstration Act), Articles 314(1), and 30 of the Criminal Act (the violation of the Building and Demonstration Act), and Articles 314(1), and 30 (the violation of the Building and Demonstration Act), respectively, on criminal facts.

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