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(영문) 서울중앙지방법원 2017.09.26 2016고단3830 (1)
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant and C are members of the “Korea Joint and Several Staff for Independence, Unification, and Democracy”.

No person shall hold an outdoor assembly or stage an outdoor assembly or demonstration at a place within 100 meters from the boundary of an office building or a home of a foreign diplomatic office or a diplomatic establishment in the Republic of Korea.

Nevertheless, the Defendant and C have planned to carry out a damp demonstration under the name of the “the U.S. Embassy S. Embassy fight” in front of the U.S. Embassy in Korea in Jongno-ro 82-14, Jongno-gu, Seoul, and then the Defendant and C have “Isk Rabkn”

“Flaging the bannered, spashing similar contents, and soliciting relief in an open space.”

Accordingly, the defendant and C around May 2, 2016 at around 12:28, 2016 and around 10 meters away from the U.S. Embassy at the above U.S. Embassy, "S. forces with a shotum fomb" on the road front of the above Embassy 10 meters away.

“,” and “Korea’s U.S.A.,” open a rescue and relief, with the name of “U.S.A., with the shot flab,” and 150 flabs on the street of similar contents.

Accordingly, in collusion with C, the Defendant organized an outdoor assembly within 100 meters of the boundary of the U.S. Embassy office building in Korea in which outdoor assembly and demonstration is prohibited.

Summary of Evidence

1. Entry of each part of the defendant and C in the first trial record;

1. Each police statement made to D or E;

1. Seizure records;

1. Evidentiary photographs and field maps;

1. The application of Acts and subordinate statutes to the investigation report (related to the confirmation of writing on the Japanese website of the 21st century);

1. Article 23 subparagraph 1, Article 11 subparagraph 4, and Article 30 of the Criminal Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. According to the evidence duly adopted and examined by this Court, Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (Article 334(1) of the Criminal Procedure Act, the defendant is the U.S. Embassy at the time of the instant demonstration.

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