집회및시위에관한법률위반등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal was Defendant A, C, and B from the shooting distance in the Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan City to the frontway of the Jindo Officetel (hereinafter “instant section”) of Yongsan-gu to 2-8 Jindo Officetel (hereinafter “instant section”) and unlike the content of the initial report, Defendant A, C, and B had been driven on a roadway other than India.
India and the roadway are fundamental elements of causing fundamental differences in relation to the passage of movement routes and whether the restriction or control of traffic is required. As such, the fact that the Defendants were committed on the roadway as above is clearly deviating from the scope of the reported contents, and thereby, the passage of the instant section was considerably difficult.
There was no circumstance that it is inevitable to proceed to India at the time, and there was no prior consultation with the police.
On the other hand, Defendant D may be held liable to commit a crime as a co-principal with another Defendants in light of the details of participation or the degree of involvement, etc. in the instant section.
Therefore, although the court below found the Defendants guilty of the facts charged in this case, it erred by misapprehending the legal principles or acquitted the Defendants.
2. Determination
A. The facts charged in the instant case asserted that “G” was an organization organized around June 2012, and resolved to hold a last assembly in Seoul around October 3, 2012, when departing from Jeju Island and holding a tour and meeting across the country on October 4, 2012. < Amended by Presidential Decree No. 23798, Nov. 3, 2012>
Defendant
A As the secretary general of the above organization, around October 24, 2012, the name of the assembly is “H”; the purpose of the assembly is “H”; “Suspension of the Construction of Jeju Jeju Naval Base, Cessation of non-regular workers, abolition of nuclear power supply”; “10:24:0 on November 3, 2012”; and the place and method of the assembly is “nordo Culture Epicium (SIE)” - the remaining daily allowances (Assembly).