(영문) 서울남부지방법원 2018.05.31 2017고정1915

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(영문) 서울남부지방법원 2018.05.31 2017고정1915

집회및시위에관한법률위반등

Text

Defendant shall be punished by a fine of two million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who engages in trade business exporting the original group, and has participated in the "C organization" D on February 23, 2017, which was held on the part of the delivery of the building B in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu.

1. No person who violates the provisions of the Assembly and Demonstration Act shall interfere with a peaceful assembly or demonstration or disturb the order thereof by means of violence, threat or other means;

Nevertheless, around 13:00 on February 23, 2017, the Defendant interfered with the event of an “F association” by preventing the use of the banner, which is an assembly article owned by the “F association,” in front of the building in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul.

2. The Defendant damaged special property: (a) at the time and place indicated in the above 1.1. paragraph; (b) at the victim G, a member of the FF association, the victim’s act was prevented; (c) the victim’s knife knife, a dangerous object, was displayed, and damaged the victim’s property at approximately KRW 50,000 per cent of the market price owned by the victim, which was about KRW 50,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. A written complaint of G;

1. Information, documentary video CDs, investigation reports (in addition to one CD from media reports of the I date JJ of the I), investigation reports (in relation to the accusation, accompanying a video CD and outdoor assembly report);

1. Investigation report (to be accompanied by a knife photo of a knife with a knife color);

1. Investigation report (in accordance with each of the above evidence, a banner was not used during the process of connecting the Defendant’s violent acts, such as the Defendant’s statement in the facts constituting the crime 1 as indicated in the judgment, and the assembly’s manager, etc. also was interfered with the assembly.

Therefore, the defendant and defense counsel's assertion that denies it is not accepted.

Also, according to the above evidence.

참조조문

-집회 및 시위에 관한 법률

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