A. Even if the law prohibiting an outdoor assembly from sunset time to 24 days was ruled unconstitutional, even if the dispersion order based on the above law becomes retroactively null and void, and the Defendants’ failure to comply with the dispersion order is not a crime. However, the lower court found the Defendants not guilty of this part of the dispersion order. Therefore, it erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence (a fine of KRW 200,00 for each of the Defendants A and B, and a fine of KRW 200,000 for each of the Defendants C) declared by the lower court on the Defendants is too unjustifiable and unreasonable.

2. Determination on the grounds for appeal

A. Judgment on the argument of misapprehension of legal principles 1) No person who is the summary of the facts charged of the instant case shall conduct any demonstration before sunrise or after sunset, and an assembly shall be reported in advance, and if the head of the competent police station received a request for voluntary dispersion from an illegal demonstration or assembly and received an order for voluntary dispersion on the ground that he/she did not comply with such request, he/she shall be dissolved without delay. A) Defendant A attended the second "F" assembly held in the Busan East-dong Busan Metropolitan City Scenic, etc. located in the Seocho-dong Busan Metropolitan City on July 9, 201, but started from around 21:20, the police was set up on the street in front of the water source located in the Seocho-dong, Busan Metropolitan City, which was located in the Busan Metropolitan City, and driven on the road of approximately three kilometers by occupying the road of the road of approximately 3 kilometers up to the side of the road.

At around 23:00 on the same day, the Defendant tried to carry out a project in the direction of the Hanjin Industries located in the same Gu Cheongjindong. However, the Defendant’s request for voluntary dispersion at around 23:05 on the same day from the first winter guard and the head of the Seoul Special Police Agency, the first dispersion order at around 23:16 on the same day, the second dispersion order at around 23:35 on the same day, and the second dispersion order at around 23:45 on the same day, respectively.