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(영문) 울산지방법원 2017.03.30 2017고정63
집회및시위에관한법률위반
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendants are unions of 36 organizations, such as “C Ulsan District Branch”, “D Ulsan District Branch”, “E Cooperatives” and “F Ulsan District Committee”, and Kusima after Japan in 2011.

In order to reduce the nuclear power plant and urge the closure after the nuclear accident, the full-time representatives of the "G organization" organized around 2012 are full-time representatives.

A person who intends to hold an outdoor assembly or demonstration shall submit a report stating the purpose, date, time, place, organizer, etc. to the head of the competent police station from 720 hours to 48 hours prior to the commencement of the outdoor assembly or demonstration.

Nevertheless, the Defendants were willing to hold a meeting to oppose the construction of the reported nuclear power plant by means of a press dog, 108’s holding of the press dog, the surrounding entertainment, etc., without reporting the meeting to the head of the competent police station. From June 9, 2016 to June 15:00 of the same day, the Defendants mobilized 30 members of the “G organization” from June 9, 2016 to 15:00 of the same day, and carried out the “I” press room in the H square. At the H square, the Defendants continued to carry out an entertainment of 108 times against the construction of the nuclear power plant, and there is no need to sign 5 and 6 reports.

For a safe mountain, construction permission should not be granted.

As a result of residents' voting, a banner manufactured with the content of "Nos. 5 and 6 permission shall be decided.................. followed by delivery, about about 1 km distance from the Ha and west through the Ha and west, and then, electricity remains in H’s emotional.

The term "the construction approval of the 5 and 6th class nuclear power plant 5 and the construction approval of the 6th class nuclear power plant is suspended." was convened by the method of proposing relief.

Accordingly, the Defendants conspired with the head of the competent police station to hold an assembly without reporting the assembly.

Summary of Evidence

1. Defendants’ respective legal statements

1. A plan for judicial measures taken by an offender at an illegal assembly (not reported);

1. Application of Acts and subordinate statutes to a photograph by capturing each field video;

1. The Defendants of the pertinent legal provisions and the choice of punishment regarding criminal facts: Articles 22(2) and 6(1) of the Assembly and Demonstration Act; Article 30 of the Criminal Act.

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