A. misunderstanding of facts or misapprehension of the legal doctrine, the Defendant’s act committed at the time, time, and place stated in the facts charged constitute “routture” and does not constitute an “routture” under the Assembly and Demonstration Act (hereinafter “the Assembly Act”).

In addition, in order to undergo an investigation related to self- demonstration on February 15, 2014, the Defendant knew in advance that he will conduct the instant press conference with the information of the Southern Police Station and the type of the instant press conference before entering the Southern Police Station, and thus, did not report in advance.

shall not be deemed to exist.

Nevertheless, the judgment of the court of first instance which convicted the defendant is erroneous by misapprehending the legal principles regarding the assembly without reporting under the Assembly and Demonstration Act, or by misunderstanding facts, which affected the conclusion of the judgment.

B. The punishment sentenced by the first instance court (the penalty amounting to KRW 1,00,000) is too unreasonable.

2. Determination

A. In full view of the facts and circumstances acknowledged by the evidence duly adopted and investigated, the first instance court found the Defendant guilty on the grounds that the Defendant’s act at the time, time, and place stated in the facts charged was temporarily gathered in a certain place under the purpose of externally expressing and delivering it by forming a joint opinion among the participants who were aware of excessive suppression of the police, even though the act was in the form of external appearance, and thus, constitutes an assembly subject to reporting obligation under the House of Audit and Inspection Act, beyond a pure nature.

In comparison with the evidence of the first instance judgment, a thorough examination is conducted. A person who intends to hold an outdoor assembly or demonstration shall file a report stating the purpose, time, place, organizer, contact manager, address and contact address of the person who maintains order, the organization scheduled to participate, and the method of demonstration before 48 hours of outdoor assembly or demonstration.