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(영문) 서울남부지방법원 2017.11.16 2017고정1345
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

Defendant D Partnership (hereinafter “D”)

is a teacher as a member of the Union.

No person shall hold any outdoor assembly or stage any demonstration at a place within 100 meters from the boundary of the National Assembly building.

Nevertheless, the Defendant, from September 23, 2015 to September 23, 2015, 40 members, etc. of the D Association and 40 in the front of the headquarters of the National Assembly located in 1 as the doctor of Yeongdeungpo-gu, Seoul, to see the press dog from the front stairs of the headquarters of the National Assembly located in 1 as the doctor of Yeongdeungpo-gu, Seoul.

He participated in an assembly held around 14:44 of the same day by 22 minutes on the same day, such as creating a relief, such as “fabkk from the right to benefit,” “fabk,” “fabing off from the right to benefit,” “fabbing off from the right to benefit,” “fabbing off the easy dismissal,” etc.

Accordingly, the defendant, in collusion with other participants in the assembly, participated in the assembly held within the boundaries of the National Assembly, which is the place where the assembly is prohibited.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with H;

1. A written statement prepared in the I;

1. Investigation report (9.23. Direction for opening assemblies within the National Assembly);

1. Details of the dispersion order;

1. An investigation report (such video analysis data, etc.) [The assembly that is the object of guarantee and regulation under the Assembly and Demonstration Act refers to “an assembly in which a specific or unspecified number of people form a common opinion and temporarily gather at a certain place under the purpose of expressing it externally (see Supreme Court Decision 2007Do1649, Jul. 9, 2009, etc.).” The following circumstances acknowledged by the evidence adopted and investigated by the court are as follows: (a) the participants of 40 assemblies including the defendant et al. set forth in the above 20 minutes in front of the election of the National Assembly, in light of the fact that the participants of the 40 assembly including the defendant et al. set up alket in front of the election of the National Assembly, and carried out relief as stated in its reasoning, the defendant et al. had expressed an “routing visit.”

This is also a common opinion of a certain number of people.

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