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(영문) 대법원 2015.01.29 2014도15035
집회및시위에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

An assembly subject to guarantee and regulation under the Act on Assembly and Demonstration refers to an assembly “temporary gathering at a certain place under the purpose of externally expressing an opinion by a specific or unspecified number of people by forming a common opinion.”

(See Supreme Court Decision 2010Do11381 Decided May 24, 2012, etc.). On the grounds indicated in its reasoning, the lower court: (a) determined that the Defendant’s act of holding an assembly to give collective expression of intent to workers who suffered from leuk diseases by using diskettes and causing excessive relief; (b) such assembly constitutes an assembly subject to reporting under the Assembly and Demonstration Act; and (c) rejected the allegation in the grounds of appeal disputing the foregoing.

The judgment below

Examining the reasoning in light of the aforementioned legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding assemblies subject to reporting under the Assembly and Demonstration Act, contrary to what is alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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