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(영문) 서울중앙지방법원 2016.06.20 2015고정3874
집회및시위에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Any person who intends to hold an outdoor assembly or demonstration shall submit a report stating the purpose, date, time, place, etc. of the outdoor assembly or demonstration to the head of the competent police station in writing from 720 to 48 hours before the outdoor assembly or demonstration is held.

Nevertheless, the Defendant, at around 11:00 on December 29, 2014, holds a briefing session of 'non-regular comprehensive measures' in front of the Seoul government office building located in Jongno-gu Seoul Metropolitan Government, in light of the contents and purport of the Assembly Assembly Assembly Assembly Assembly Act without reporting such matters as 'drawing off the law' and 'drawing off the law'. In light of the contents and purpose of the Assembly Assembly Assembly Act, the assembly subject to guarantee and regulation under the above Act refers to a temporary gathering of a specific or unspecified number of people for the purpose of forming a common opinion and expressing it externally.

In addition, the purpose of the Assembly and Demonstration Act that requires the head of the competent police station to report certain matters in advance to the head of the competent police station to hold an outdoor assembly or demonstration is to identify the nature, size, etc. of outdoor assembly or demonstration by the report in advance and protect legitimate outdoor assembly or demonstration, and to prepare prior measures to maintain public safety and order by preventing infringement of the interests of others or communities through outdoor assembly or demonstration.

Therefore, it cannot be deemed that the foregoing report is exempted on the ground that the opinion intended to express it through an outdoor assembly or demonstration is justifiable (see Supreme Court Decision 2010Do15797, Dec. 22, 201). The instant press conference has the form of “the press conference” in appearance.

Even if there are about 20 participants, and the use of franc cards and diskettess, installation of sound facilities such as microphones and ampampls, relief facilities, and participants are allowed to freely pass through many and unspecified persons.

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