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(영문) 수원지방법원 안양지원 2017.01.17 2016고정450
집회및시위에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Defendant

A participated in the meeting of the Korean Grand Cross on November 14, 2015, which was held as the member of the Korean Franchison association and the member of the Korean Franchison association.

1. On November 14, 2015, the Defendant participated in the assembly on the roads of 135 Korea or in front of a hotel as of March 14, 2015. On the same day, the Defendant received the first dispersion order issued by the head of the Seoul Southern-gu Police Station (the Chief of Guard) who is the Seoul Police Station having jurisdiction over the assembly (the Chief of Guard) at around 15:40 on the same day, and was ordered four times in total until 16:11 on the same day, but did not comply with the order, and was not dissolved.

2. The Defendant: (a) went away from the assembly place reported at the time and place specified in the above 1. Paragraph (1) above; (b) occupied a road front line; and (c) occupied a general road by holding an assembly; and (d) thereby interfered with the traffic of the land along which the vehicle passes.

Summary of Evidence

1. Partial statement of the defendant;

1. Detailed details of transportation cards;

1. Photographs (the 11st time);

1. Application of the Act and subordinate statutes to field recording CDs (netly 17);

1. Article 24 subparagraph 5 of the Act on the Selective Assembly and Demonstration against Criminal Facts, Articles 20 and 20 (2) of the Act on the Selective Assembly and Demonstration ( point of non-compliance with an order of dissolution), Article 185 of the Criminal Act ( point of interference with general traffic), the selection of fines;

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

1. The defendant and his defense counsel asserted that the defendant's act is a justifiable act that does not violate social rules, and thus the illegality is excluded.

However, in light of the background, content, means and method of the instant crime, and the degree of traffic obstruction revealed by the evidence duly adopted and examined by the court, the Defendant’s act is reasonable in terms of the means and method, or the balance between the protected legal interests and the protected legal interests.

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