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(영문) 서울중앙지방법원 2018.10.25 2016고단7643
집회및시위에관한법률위반등
Text

The defendant shall be punished by imprisonment with prison labor for ten months and by imprisonment for four months with prison labor for the crimes set forth in the holding.

Reasons

Punishment of the crime

[criminal history] The Defendant was a full-time representative of B (hereinafter “B”) and was sentenced to imprisonment for five months with prison labor for a violation of the Punishment of Violences, etc. Act (joint residential intrusion) at the Seoul Southern District Court on November 17, 2014, and the sentence became final and conclusive on November 25, 2014.

[2016 Highest 7643]

1. A person who intends to hold an outdoor assembly or demonstration on April 14, 2014 (the holding of an outdoor assembly or demonstration) shall submit a report thereon to the head of the competent police station from 720 hours to 48 hours prior to the commencement of the outdoor assembly or demonstration;

Nevertheless, the Defendant did not report an outdoor assembly or demonstration to the head of the competent police station on April 14, 2014, from around 14:10 to around 17:20, the Defendant: (a) held a press conference with approximately 90 members, including members B, before Gwangjin-gu Seoul Special Metropolitan City, for the same purpose; (b) divided a large-scale placker card to the same effect and divided the handbook (A4 paper); (c) using broadcasting equipment, such as via a ample, ample, etc., for the purpose of causing the death of persons with disabilities, the Defendant instigated the head of the competent police station as follows: (d) “At present, the welfare department is responsible for the victim, the head of the welfare department, and the welfare department.”

Accordingly, approximately 90 members, including B, tried to enter the above D to visit the above D, but when the police officer requested to protect the facilities of the above D building, the defendant was prevented by the police officer, the police officer was bleeped, exercising violence, etc., and the defendant was in charge of the above D assembly.

As a result, the defendant did not report to the head of the competent police station to hold an external assembly.

2. A person who intends to hold an outdoor assembly or demonstration on April 20, 2014 (the holding of an outdoor assembly or demonstration) shall submit a report thereon to the head of the competent police station from 720 hours to 48 hours prior to the commencement of the outdoor assembly or demonstration;

Nevertheless, the Defendant did not report an outdoor assembly or demonstration to the head of the competent police station, and from April 20, 2014 to 11:25 to 14:00.

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