집회및시위에관한법률위반
The defendant's appeal is dismissed.
All the costs of the original judgment and the trial shall be borne by the defendant.
1. Summary of grounds for appeal;
A. At the time of the instant case, the Defendant was engaged in purely cultural activities, and did not hold an assembly subject to reporting under the Assembly and Demonstration Act.
B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.
2. Determination
A. The lower court also asserted the same purport as the grounds for appeal in this part, and the lower court rejected the said assertion in detail by providing a detailed judgment on the assertion under the title “determination of the Defendant and the defense counsel’s assertion”.
Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just and acceptable, and this part of the defendant's assertion is not acceptable.
B. The size of the instant assembly to determine the illegality of sentencing is relatively small, the time during which the assembly was held is relatively short, and the Defendant et al. is dissolved upon the police’s dispersion order after the police’s dispersion order.
However, considering the fact that the Defendant committed the instant crime even though he/she was punished for the same crime several times, and all the conditions of sentencing as shown in the instant pleadings, such as the Defendant’s age, sex, environment, family relationship, and motive and circumstance of the instant crime, it is difficult to view that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the lower court is too excessive.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. In accordance with Articles 191 (1), 190 (1), and the main sentence of Article 186 (1) of the Criminal Procedure Act on the grounds that all of the costs of the trial by the court below and the party shall be borne by the defendant. It is so decided as per Disposition.