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(영문) 수원지방법원 2012.09.13 2012고정1577
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of 200,000 won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendants, who were former public officials B, shall be the chairperson of the C Committee.

Any person who intends to hold an outdoor assembly shall file a report on the assembly with the chief of the competent police station from 720 hours to 48 hours before commencing the assembly.

Nevertheless, from around 08:00 to around 10:00 on September 29, 201, the Defendant: (a) 10 members of the Gyeonggi-do Secretariat, both of which were members of the CSC, and (b) 10 in the first place before the Gyeonggi-do Secretariat, which was prepared in advance, called “the Special Act on the Victims of Public Officials, i.e., the Imprisoned, the Self-helped, the Self-helped, and the Special Act on the Reinstatement of Public Officials” (a 80cc., the 1.2m., the 30cc., the 1.2m.).

Accordingly, the defendant did not report to the chief of the competent police station, and held an assembly and demonstration.

Summary of Evidence

1. Some prosecutor's protocol of examination;

1. Report (general) -C Gyeonggi-do Office Assembly related to the assembly;

1. Application of Acts and subordinate statutes to photographs of the Gyeonggi-do Office (investigative records, 37, 38, 39, 42 through 47);

1. Article 22 (2) and Article 6 (1) of the Act on the Optional Assembly and Demonstration concerning Criminal Facts and the Assembly of Criminal Penalties (Selection of Fine);

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

1. The Defendant asserts that the Defendant’s assertion on the provisional payment order under Article 334(1) of the Criminal Procedure Act, along with members of the C Committee, did not constitute an assembly subject to reporting under the Assembly and Demonstration Act, since the Defendant notified the members of the C Committee, who visit the Gyeonggi-do Office as soon as possible, of the intent to urge them to establish a special law on the dismissal of public officials and the rehabilitation of public officials subject to dismissal and disciplinary action, and did not hold a meeting or conduct a rescue, and did not demand a stop, suspension, or dissolution while complying with the police white name, it does not constitute an assembly subject to reporting under the Assembly and Demonstration Act.

In this regard, the Supreme Court is subject to guarantee and regulation under the Assembly and Demonstration Act.

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