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Defendant
All appeals filed against the Defendant E by A and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of Defendant A’s instant case, assemblies held in front of the Southern Flag’s building were dissolved in accordance with the police’s dispersion order, and the participants in the assembly moved individually and the participants were in the presence of the above participants in the assembly.
Therefore, the assembly in front of the department store was an assembly separate from the assembly in front of the Southern Flag Building. The police did not demand voluntary dispersion of the above assembly, but did not notify specific grounds for dissolution while issuing a dispersion order. The above assembly clearly resulted in a direct danger to the legal interests of others or public peace and order.
There is no evidence to see.
Nevertheless, the court below found Defendant A guilty of the facts charged, and the court below erred by misapprehending the facts.
B. According to the evidence submitted by the prosecutor (defendant E), Defendant E was at the time of the instant assembly, rather than at the above site for shooting and reporting, while participating in the assembly and demonstration, and was living together on the Internet at the same time.
It is reasonable to view it.
Nevertheless, the court below acquitted Defendant E of the facts charged, and the court below erred by misapprehending the facts.
2. According to the evidence duly adopted and examined by the lower court regarding Defendant A’s assertion of mistake of facts, the lower court: (a) from October 8, 201 to October 20:15, 201, the number of the fifth H participants including Defendant A (2,00,00) began on the road in front of the building in the Southern-gu Busan Southern-dong; (b) the police requested dissolution on the ground that “the withdrawal of the JJ industry layoff” was made on the road in front of the building in the Southern-gu Busan-gu, Jung-gu, Busan; and (c) the police requested dissolution on the ground that “the above assembly is likely to cause inconvenience to the Busan citizens who are likely to be a non-reported assembly; and (d) around April 5, 2005 at the same place.