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(영문) 서울중앙지방법원 2013.04.30 2012고정7005
집회및시위에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. A person who intends to hold an unreported outdoor assembly or demonstration shall prepare a report stating the purpose, date, time, place, etc. and submit it to the chief of the competent police station between 720 hours and 48 hours before commencing the outdoor assembly;

Nevertheless, the Defendant, without reporting to the chief of the Seoul Coast Guard, who is the chief of the competent police station on April 1, 2012, from around 15:15 to 16:00, held an assembly by holding two male and female male and female members, four women, and seven diskettes in the Jongno-gu Seoul Metropolitan Government Section B window, and holding "D regime dropouts and the temple regime drops down."

Accordingly, the Defendant conspiredd with six above C et al. to hold an unreported outdoor assembly.

2. The Defendant, along with six non-compliances with the dispersion order, tried to occupy one lane of road when holding an unreported outdoor assembly as described in paragraph (1) and enter the zone into the Cheongpung which is the place where assembly is prohibited, and the Defendant was able to stop the preparation career against the dispatch.

During that period, participants, including the Defendant, did not immediately dissolve by holding a meeting until 16:00, even though the director of the security division ordered by the head of the Seoul Senior Police Station around 15:25 at around 15:25 at around 15:2, and around 15:45 at around 15:43.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Letters of arrest;

1. Information situation data;

1. Spatial photographs at the time of arrest;

1. Application of Acts and subordinate statutes to investigation report (verification of whether grounds for dissolution order are notified);

1. Article 22(2) and Article 6(1) of the Act on the Optional Assembly and Demonstration against Criminal Facts, Article 30 of the Criminal Act (the holding of an outdoor assembly not reported) and the assembly.

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