폭력행위등처벌에관한법률위반(공동주거침입)등
All appeals filed by the Defendants and the Prosecutor are dismissed.
The summary of the grounds for appeal is misunderstanding the Defendants’ facts or misapprehending the legal principles (the part on violation of the Assembly and Demonstration Act). The assembly of this case was conducted at a place where the general public is unable to access, and actually there was no act of impairing public safety and order or causing noise around it. Therefore, it does not constitute an outdoor assembly subject to prior reporting.
The punishment sentenced by the court below to the defendants (eight months of imprisonment, two years of suspended sentence) is too unreasonable.
The prosecutor (unfair sentencing)’s prosecutor’s (unfair sentencing)’s sentencing that the court below committed against the Defendants is too unfluent and unfair.
Judgment
The purpose of the Act on the Assembly and Demonstration related legal principles as to the Defendants’ assertion of mistake of facts or misapprehension of legal principles (hereinafter “the Assembly Act”) is to protect lawful outdoor assembly or demonstration by grasping the nature and scale, etc. of the outdoor assembly or demonstration in advance, and to take measures to maintain public safety and order together by preventing risks resulting therefrom (see Supreme Court Decision 2010Do15797, Dec. 22, 2011). An assembly subject to security and regulation under the Assembly and Demonstration Act refers to “an assembly in which a specific or unspecified number of people form their opinions and gather them externally, and is temporarily at a certain place under the purpose of expressing them,” and “an assembly or demonstration is likely to be free to be protected by the Assembly and Demonstration Act in that there is no head of the assembly or demonstration or the public safety and order at the place where the assembly or demonstration is not closed, and thus, the purpose, form, and place of the assembly or demonstration may not be free to be protected by the Assembly and Demonstration Act.