집회및시위에관한법률위반
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant’s demand for improvement of working conditions to the Superintendent of the Office of Education in front of the F main stairs constitutes a press conference that indicates a minimum position without active interference with the pertinent workplace during the period of dispute action, and thus, it does not constitute an assembly subject to report, and it does not constitute an assembly subject to legitimate dispute, and its illegality is dismissed as it constitutes a justifiable act that does not violate legitimate dispute acts or social rules.
Therefore, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The court below's postponement of sentence against the defendant is too unfortunate and unfair.
2. Determination
A. Determination 1 on the Defendant’s misunderstanding of facts and misapprehension of legal principles 1) An assembly subject to guarantee and regulation pursuant to the Assembly and Demonstration Act refers to an assembly “temporary gathering of a specific or unspecified number of people for the purpose of externally expressing their opinions by forming a common opinion.” In addition, an assembly at a place without ceiling or an erosion control is likely to damage public safety and order depending on its location, width, form and number of participants, purpose, character, and method, etc., even if there is no ceiling or an erosion control is not closed, it is also included in an assembly subject to guarantee and regulation under the Assembly and Demonstration Act.
However, considering the fundamental ideology that the Constitution guarantees the freedom of assembly, the contents and legislative intent of Article 2 subparag. 1, Article 6 subparag. 1, and Article 22 subparag. 2 of the Assembly and Demonstration Act, in light of the purpose, method and form of assembly, the number and composition of participants, the opening and accessibility of the place of assembly, and the surrounding environment.