2. In full view of the facts that the Defendant was sentenced to a fine due to the same crime, but there was no record of being sentenced to a suspended sentence or heavier punishment, and that the Defendant did not use an excessive and violent method to the simple participant of the assembly of this case, and the Defendant’s age, sexual behavior, environment, circumstances and result of the instant crime, etc., the sentence imposed by the lower court on the Defendant is deemed appropriate, and it cannot be deemed unfair because it is too unreasonable, considering all of the sentencing conditions specified in the instant argument, such as the circumstances after the crime.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

However, Article 23 subparag. 3 of the Assembly and Demonstration Act and Article 11 subparag. 3 of the Assembly and Demonstration Act, which applies to the participation in an assembly at a place where assembly is prohibited in the application of the law of the judgment below, is obvious that “Article 23 subparag. 3 and Article 11 subparag. 1 of the Assembly and Demonstration Act” is a clerical error of “Article 23 subparag. 3 and Article 11 subparag. 1 of the Assembly and Demonstration Act, so it shall be corrected ex officio in accordance with Article 25