집회및시위에관한법률위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (legal scenarios) is that the Constitutional Court has rendered a ruling of inconsistency with the Constitution to the effect that the part concerning “the National Assembly” under Article 11 subparag. 1 of the Assembly and Demonstration Act and Article 11 subparag. 1 of the same Act concerning “the National Assembly Party” under Article 23 of the same Act shall be provisionally applied until the legislators revised on December 31, 2019, and that the said provision shall remain effective until December 31, 2019. < Amended by Act No. 1609, Dec. 31, 2019>
Nevertheless, the judgment of the court below which acquitted the charged facts of this case on the ground that the above provision becomes retroactively null and void is erroneous in the misapprehension of legal principle.
2. Determination
A. The summary of the facts charged is a teacher who is a member of the B Association (hereinafter “B”).
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, from September 23, 2015 to April 4, 2014, the Defendant participated in an assembly held for about 22 minutes by around 14:4 minutes from September 23, 2015, including “C regime so that he/she will not attend” with 40 members, etc. of the Association, etc. of Yeongdeungpo-gu Seoul City, under the witness of the press room, as well as 14:2.
Accordingly, in collusion with other participants in the assembly, the defendant participated in the assembly held in the competition of the National Assembly which is the place where the assembly is prohibited.
B. The judgment of the court below is that the part concerning "the National Assembly's will" in subparagraph 1 of Article 11 of the Assembly and Demonstration Act applicable to the applicable provisions of the facts charged in this case (hereinafter "the Assembly and Demonstration Act") and the part concerning "the National Assembly's will" in Article 23 subparagraph 1 of Article 11 of the Assembly and Demonstration Act does not coincide with the Constitution.