A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

As to the violation of the Act on misunderstanding of Facts, the defendant participated in each of the assemblies or demonstrations in this case, or each of the assemblies or demonstrations in this case does not clearly pose a direct threat to public peace and order, and the defendant does not know that each of the assemblies or demonstrations in this case is de facto deteriorated.

As to the injury caused by special obstruction of performance of official duties, the defendant is not liable for the injury caused by special obstruction of official duties because the relation between the person who actually inflicted the injury and the accomplice is not established.

However, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

The punishment sentenced by the court below on the defendant (two years of imprisonment, four years of suspended execution) is too unreasonable.

Judgment

The following facts can be acknowledged according to the evidence duly admitted and examined by the court below concerning the fact that each assembly and demonstration violation of the Assembly and Demonstration Act was found to be erroneous.

On January 20, 2008, the candlelight assembly started from May 2008 began with the case where five members of the National Dismantled Residents Association died, and the participants opened to show violent aspects such as the sidewalk block and the empty disease. As a result, at the assembly held on January 20 and December 21, 2008, the police officers suffered damages or damaged equipment.

The defendant on November 1, 2008, December 31, 2008, and January 20, 2009; and

1. In the event of participation in each of the assemblies held on 22.2, participation in the candlelight assembly and demonstration occurred frequently before the assembly and demonstration of this case, and the participants in candlelight assembly joined the Internet car page of the "O", which is a group created by the participants in the candlelight assembly, as an operating committee member.

No. 1-A of the judgment of the court below.

On January 23, 2009, around 19:20.