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(영문) 창원지방법원 2016.10.05 2016고정705
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to hold an outdoor assembly or demonstration shall submit a report stating the purpose, date, time, place, organizer, organization scheduled to participate, number of persons, etc. to the chief of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly or demonstration.

Nevertheless, on November 4, 2015, from around 10:55 to around 11:05 of the same day, the Defendant, without reporting to the chief of the police station of the Changwon Police Station under his jurisdiction, 20 members of the F organization, such as B, C, D, and E, in front of the 300 Gyeongnam-do Office, as the center of the window of the Changwon-si Office, and 1:05 on November 4, 2015, along with the 40 members of the F organization, including B, C, D, and E, and the 4D operations concept of nuclear war in the Republic of Korea, the Defendant called the fro card, namely, the right to exhibit operation control, i.e., the right to recover the 4D operation concept of the Korean Peninsula, and suspended the construction of each 3 MD/A, respectively, the Defendant cited the 12 frop, including the 12 flab in front of the 300-si office.

Accordingly, the Defendant opened an outdoor assembly without reporting to the chief of the competent police station.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of H;

1. The defendant asserts that the defendant did not hold a meeting, on-the-spot photographing the defendant's argument that he did not hold a meeting.

An assembly referred to in the Assembly and Demonstration Act (hereinafter referred to as the “Act”) refers to a temporary gathering of a specific or unspecified number of people at a certain place for the purpose of externally expressing their opinions by forming a common opinion.

(see Supreme Court Decision 201Do6294, Apr. 26, 2012). The following circumstances, i.e., the act of the Defendant, etc., based on the health stand as to whether the act committed by the Defendant, etc. constitutes an assembly, and the evidence of the judgment, are as follows: (a) an act of the Defendant, etc., based on which an unspecified number of people may pass

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