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(영문) 수원지방법원 안양지원 2017.08.10 2017고단906
집회및시위에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a member of the North Korean branch of the Democratic Nowon-gu branch of the North Korean branch, which is a member of the Democratic Nowon-do branch, and a person who participated in the refusal of a cargo group transport from October 10 to October 12, 2016, and a person who participates in an assembly or demonstration shall not engage in any act that disturbs order by assault, intimidation, damage, fire prevention, etc.

1. On October 11, 2016, the Defendant removed and damaged a 19 ton truck operated by C while participating in an assembly that is urged to enter a crosswalk and to refuse transportation in front of the valley IC, at the street, and during which C participated in an assembly that is urged to enter a crosswalk and to refuse transportation, the Defendant removed and damaged a 19 ton truck on his/her hand, one son in front of the driver’s seat of the said car.

2. On October 11, 2016, the Defendant discovered Fitle vehicle operated by E while participating in the above assembly in the vicinity of the king 1 base of the ICD 1, which was moved at the Guang City around 18:18, 2016, and assaulted the part of the said vehicle’s beams with a hand-to-faced part of the said vehicle, opening a driver’s seat with the driver’s seat, and intending to take the body of E in his/her hand.

Accordingly, the defendant, as a participant in the assembly, committed an act that disturbs the order by assault, damage, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes of E and C;

1. Subparagraph 5 of Article 24, Article 18 (2), and Article 16 (4) 2 of the Assembly and Demonstration Act concerning facts constituting an offense; the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act (i.e., reflective points);

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