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(영문) 대전지방법원 2014.09.04 2014고단624
집회및시위에관한법률위반
Text

Defendants shall be punished by a fine of one million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A is the head of the national metal labor union D branch, and Defendant B is the head of the national metal labor union D branch.

A person who intends to hold an outdoor assembly shall submit a prescribed report to the chief of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly, and shall not hold an outdoor assembly in any place within 100 meters from the boundary of the office building of each court.

Nevertheless, on June 26, 2013, from around 15:10 to 15:45 of the same day, the Defendants jointly held a meeting at the left-hand-hand side of the Daejeon District Prosecutors' Office located in Seo-gu, Seo-gu, Daejeon District Court located within 100 meters from the boundary of the Daejeon District Court. At the time of approximately 50 members of the Daejeon District Prosecutors' Office, including the members of the Korean Metal No. D branch, the Defendants held a fluor card, 20 mamp, ampet 20 mamp, microphone, etc., and the Defendants held a meeting at the latest meeting of the Daejeon District Prosecutors' Office for Investigation into No.M. 200, the Defendants reported the society with micro enterprise, and Defendant A used the company as the Defendant Company, and Defendant B, “I shot the Daejeon Prosecutors' Office for Investigation into No.M.” by holding the above relief visit by other participants, including Defendant A.

Accordingly, the Defendants held an outdoor assembly at a place within 100 meters from the court without filing a report jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. A protocol concerning the suspect examination of the defendant B;

1. Request to investigate illegal assemblies;

1. Application of CD-dong image statutes;

1. Article 23 subparag. 1 and subparag. 1 of the Assembly and Demonstration Act, Article 30 of the Criminal Act, Articles 22(2) and 6(1) of the Assembly and Demonstration Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, and Article 30 of the Criminal Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Punishment;

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