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(영문) 서울중앙지방법원 2013.04.30 2012고단6486
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant

A, C, and F each fine of KRW 3 million, and Defendant H is punished by a fine of KRW 1.5 million, Defendant B, D, E, G, and I.

Reasons

Punishment of the crime

In relation to the 19th election of the National Assembly members, the Defendants expressed that the prosecutor and prosecution investigators belonging to the Seoul Central District Prosecutor's Office who are investigating the denial of proportional representation by Qua, were arrested and seized by Qua Party and server management companies around May 22, 2012, the Defendants told the Seoul Central District Prosecutor's Office to go against and hold a damp assembly in order to find out the search and seizure of Qua and server management companies.

1. Around 16:00 on May 23, 2012, Defendants violated the Punishment of Violences, etc. Act (joint residence intrusion) entered the front of the office building of the Seoul Central District Prosecutor’s Office, which was opened in front of the Seoul Central District Prosecutor’s Office that was located in 158 as the distribution of Seocho-gu Seoul, and went into the front of the office building of the Seoul High Prosecutor’s Office managed by the chief prosecutor of the Seoul High Prosecutor’s Office.

Accordingly, the Defendants jointly intruded on the structure managed by the victim.

2. On May 23, 2012, the Defendants held an outdoor assembly without reporting to the chief of the competent police station. From around 16:00 to from around 16:24, the Defendants held an outdoor assembly, such as: (a) holding one banner, which is described as “a suspension of political pressure by Qua,” and “a suspension of destruction and conspiracy of right jointly and severally,” as distributed in Seocho-gu Seoul Central District Prosecutors’ Office,” and holding one banner, which is described as “a suspension of political pressure by Qua,” and “a suspension of search and seizure of Qua,” without reporting to the chief of the competent police station.

Accordingly, the Defendants conspired to hold an outdoor assembly without reporting to the chief of the competent police station.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of R, S, T, U, and V;

1. On-site inspections and reports;

1. Application of each statute on photographs;

1. Article 2(2) and (1)1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense; Article 319(1) of the Criminal Act (the points of entering each joint structure); Articles 22(2) and 6 of the Assembly and Demonstration Act;

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