폭력행위등처벌에관한법률위반(공동주거침입)등
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (misunderstanding of facts and legal principles) infringed against the will of the victim company's manager of the structure, thereby impairing de facto peace in the structure. The assembly of this case clearly exceeded the reported place, and illegally intruded into the victim company's factory, thereby making it extremely difficult to achieve the purpose of the assembly report system. The above act interfered with the victim AB and AD's duty to control access by vehicles and personnel who are security guards.
Therefore, it shall be deemed that criminal acts such as facts charged have been established, and it shall not be recognized as a legitimate act which is reasonable in view of social norms.
Judgment
A. The purport of the relevant legal principles and the enforcement decree of the Act on Assembly and Demonstration and the reporting system on an assembly or demonstration is that the head of the competent police station intends to identify the nature and size of outdoor assembly or demonstration in advance and protect legitimate outdoor assembly or demonstration, and to prepare prior measures to maintain public safety and order by preventing infringement of other persons or community interests through outdoor assembly or demonstration. In light of the fact that the outdoor assembly or demonstration held in reality constitutes “an act clearly deviating from the scope of reported purpose, date, time, place, method, etc.,” the issue of whether the outdoor assembly or demonstration in question clearly exceeds the expected scope by the report and it is extremely difficult to achieve the purpose of the reporting system. In determining this, the freedom of assembly or demonstration is a citizen’s fundamental right guaranteed under the Constitution, and the organizer of the assembly, etc., such as the organizer of the assembly, etc., is not only difficult to anticipate all the detailed matters of the method of the assembly or demonstration in advance, and it can be considered that there is an inevitable modification in the process of the assembly or demonstration, etc.