폭력행위등처벌에관한법률위반(공동주거침입) 등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. Summary of the prosecutor's grounds for appeal;
A. Article 16(4)3 of the Assembly and Demonstration Act (hereinafter “the Act”) provides that if an outdoor assembly reported, the details of the report must be observed. Inasmuch as there is no explicit provision that an indoor movement out of the reported contents is excluded from the scope of the assembly, the initial place of assembly report clearly enters the first floor of the building of Busan Regional Labor and Labor Agency, which is a government office, and the assembly of this case, is clearly deviating from the contents of the assembly report, and is clearly out of the contents of the assembly report and falls under Article 16(4)3 of the Act, and thus, is an assembly subject to dispersion order as provided in Article 20(1)5 of the Act. ② Even if an indoor assembly is not subject to dispersion order under the current Act, it can be seen that the assembly report system’s order can be guaranteed to a series of acts of violence, i.e., entering the building indoorly beyond the place of assembly report, and the act of intrusion upon the building itself constitutes a crime of violence, etc. under Article 16(1)2 of the Act.