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(영문) 광주지방법원 2015.07.16 2015고정818
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is the chief of the branch office of a corporation B which belongs to the metal labor union, Gwangjunam Branch, and the persons who have participated in an assembly and demonstration shall not, notwithstanding police officers' warning to order keeping ships established by the chief of the competent police station, intrude over a considerable time without justifiable grounds, damage, conceal, move or remove them, or impair their utility by any other means, without justifiable grounds.

Nevertheless, the Defendant, in collaboration with the full name-time union members from around 17:20 on August 27, 2014 to 18:30 on the same day, entered the office building by entering the order line installed at the entrance of the government Dongdong-dong branch in Gwangju, Gwangju, with 200 union members belonging to metal labor union, and entered the office building for considerable time to maintain order in spite of police officers’ warning to the police officers, the Defendant: (a) opened the Ministry of Employment and Labor where he is located in the above office after holding 20 labor union members belonging to metal labor union and D union members; and (b) opened the office building with the Ministry of Employment and Labor where he was located in the above office; and (c) opened the application to urge the prompt treatment of unfair labor practices of metal labor union members and D union members; and (d) opened the office building for a considerable period of time; and (d) opened the office building for the maintenance of order installed at the south of the government Dong-dong branch; and (d) opened the office building with the union members.

Summary of Evidence

1. Defendant's legal statement;

1. Application of relevant Acts and subordinate statutes to documentary evidence photographs;

1. Article 24 subparagraph 3 of the Act on the elective Assembly and Demonstration Concerning Criminal Facts and Articles 13 (1) of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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