A. Legal principles 1) The police ordered dispersion, and Article 24 subparag. 5 of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) can be applied if the Defendants were not to comply with such dispersion order. However, the police, without the dispersion order, extinguishment of the Defendants, and Article 22 subparag. 2 of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) was applied to the Defendants more punishment than the case of refusing the dispersion order due to the suspicion of not organizing the Assembly and Demonstration. Thus, the law applicable to the Defendants depending on the police’s dispersion order is unreasonable.

2) In front of the U.S. Embassy, the chief of the police station at all times notified the prohibition, and even if the Defendants reported the assembly in advance, it could not be anticipated that the Defendants would not be prohibited. The purpose of the instant assembly was to detect the entry of the U.S. army, and the number of participants was small, and the number of participants was small, and the instant assembly did not pose a risk to the public safety and order to prevent the assembly from reporting under Article 6 of the Assembly and Demonstration Act.

Therefore, it is unreasonable to punish Defendants on the ground that Defendants did not report the assembly in advance because Defendants did not have the duty of prior notification under Article 6 of the Assembly and Demonstration Act.

B. The sentence sentenced by the lower court to the Defendants (one million won per fine) is too unreasonable.

2. Determination

A. Legal doctrine 1) As to the assertion that it is unfair due to the failure to issue an order for dispersion under the Assembly and Demonstration Act, Article 6(1) of the Assembly and Demonstration Act provides for the duty to report the organizer of an outdoor assembly or demonstration. Article 22(2) of the Assembly and Demonstration Act punishs a person who hosts an outdoor assembly or demonstration without reporting, in violation of Article 6(1). Article 20(1)2 of the Assembly and Demonstration Act has jurisdiction over an assembly or demonstration without reporting under Article 6(1).