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(영문) 서울중앙지방법원 2017.11.24 2016노4896
집회및시위에관한법률위반
Text

The part concerning Defendant B in the judgment of the court of first instance is reversed, respectively.

Defendant

B shall be punished by a fine of KRW 2,000,000.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (misunderstanding of facts, misunderstanding of law, and Sentencing), 2015 order 5507, 5872 (misunderstanding of facts, and misunderstanding of law) Defendant B’s demonstration constitutes a prohibited demonstration under Article 11 of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) on the grounds that the demonstration is likely to infringe upon the functions or well-being of diplomatic organizations or diplomatic agencies, and thus does not constitute a prohibited assembly.

In the judgment of the court below, the court below found the defendant not guilty of the violation of the Assembly and Demonstration Act (hereinafter "violation of the Assembly and Demonstration Act") due to prohibited assemblies, there is an error of misunderstanding of facts or misunderstanding of legal principles.

(2) Each sentence against the Defendants (hereinafter “Defendant M 5,00,000, and Defendant A1,000,000,000) on the 2016 Highest 1483 Highest 201 (Sentencing) is too unreasonable.

2. Determination

A. With respect to the case of 2015 order 5872, 2015 order 5507 order 5507 order 2015 order 2015 order 2015 order 5507 order 507 order 2007 order 2010 order 20200 order 20200 order 20202)

(1) Article 22(2) and Article 6(1) of the Assembly and Demonstration Act, and Articles 30 and 48(1) of the Criminal Act, of the applicable law, (“A” is a co-representative of “C” and L, Defendant B, and M are members of the said C.

A person who intends to hold an assembly or demonstration of a rooftop shall submit a report on the assembly to the head of the competent police station from 720 hours to 48 hours before commencing the assembly.

Nevertheless, the defendant, A, L, and M shall not report to the head of the competent police station from August 17, 2015 to 17:05 without reporting it to the head of the competent police station, and on the street above approximately 30 meters away from F located in Jongno-gu Seoul, Jongno-gu, Seoul, about 30 meters away from the F in front of the above Fump “S-gun with a low carbon fump”

The purpose of this study is to carry out a fluorial card, stating that “The fluorum dumumuma Hadar Hadar Hadar Hadar Hadar Hadar Hadar Hadar Hadar for the North Korean War,” and to conduct an experiment before the nuclear war practice.

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