② In addition, the place where the assembly of this case is opened is the place where users are waiting in the atmosphere or as a passage of pedestrians, the participants in the assembly of 100 persons gather and take relief, and bring noise, such as the use of loudspeakers and microphones, etc. even though commercial buildings are concentrated around the place where the assembly of this case was held, the participants in the assembly of this case generated noise, such as the use of loudspeakers and microphones, etc., and the result was received from the manager of the neighboring building, it shall be deemed that the assembly of this case poses a direct danger to the legal interests of others or public peace and order.

Nevertheless, the court below held that the dispersion order of this case was unlawful. The court below erred by misunderstanding the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. From November 18, 2009 to 20:30 on the same day, the civil society H (hereinafter “H”) opposing the summary of the facts charged in the instant case took up 20 clockets, stating “the candlelight of the anti-state peace” and 20 clockets stating “the candlelight of the anti-state peace” as “the co-committee of G opposing civic groups for the progress of the Democratic Labor Party,” and “the suspension of the anti-state breakout” and “the suspension of the school breakout,” and “the suspension of the school breakout of the time” were held by holding 30 clockets and holding a non-reported assembly, such as raising reliefs, such as “the suspension of the school breakout of the military watch” and “the number of the U.S. fire fighting in the front of the 54 national East National Arts Complex.”

In the above assembly, the defendant is deemed to have a society, and the defendant has opened a relief for the "spawn-spawn-spawn-spawn", and the A, B, and D shall share with the demonstration team.