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(영문) 서울중앙지방법원 2015.06.04 2014노4667
집회및시위에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. In a case where a human meeting that does not pose a risk of physical violence is not subject to the interpretation of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”).

There is no obligation to report under Article 6 of the Assembly and Demonstration Act to the Defendants, as a human meeting of the end of peace that the Defendants attended.

B. The so-called one-called one-person demonstration, which was in the vicinity of the Madical Span on September 9, 2009 at the time of Defendant B’s assertion that it is one-person demonstration, does not have a duty to report under the Assembly and Demonstration Act.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below as to the assertion that 40 persons, including the defendants, are gathered in front of the schedule of the central government office building in Jongno-gu Seoul, Jongno-gu, Seoul around 11:05 on October 27, 2009, the participants "L is complying with the agreement with their family members," with flick cards, "the suppression of pins, the murder of pins, the person in charge of the pins, the punishment of the pins," and "the pins solution for pins" (hereinafter referred to as the "sinscinscinscinsc in this case"), the outdoor press dogs (hereinafter referred to as the "scinscinscinscinsc in this case") were conducted under the circumstances where the participants in this case had expressed their opinions to the general public, although the participants were expressed in the process, the participants' opinions to the general public.

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