A. On March 24, 2016, the Defendant, as the former president, hosted “E” in the presence of 600 members around the D Park in Jongno-gu Seoul, Jongno-gu, Seoul, from around 14:40 to 16:15.

The organizer of an assembly or demonstration may not generate any noise in violation of the standards set by Presidential Decree, which causes serious harm to others by using loudspeakers, etc., and where the chief of the competent police station orders noise maintenance below the standards or suspension of the use of loudspeakers, etc., or takes necessary measures, such as temporary storage of loud, etc., he/she shall not violate the order or refuse or interfere

Nevertheless, at around 15:06 on March 24, 2016, the Defendant generated noise from more than 76.3db, which is the daily noise permission standard, at the above assembly site, and received an order to maintain noise from the head of the Seoul Cropsing Police Station at around 15:39 and around 79.5db on the same day, the Defendant violated the order to maintain noise below the standard of the competent police station and to suspend the use of the loudspeaker, etc. by failing to take necessary measures, such as reducing noise, without refusing to accept the order, even if the Defendant continued to receive the order to suspend use of the loudspeaker, etc., and by generating noise from 7.2db on the same day.

B. The lower court determined that the following circumstances acknowledged by the evidence adopted and examined by the lower court, i.e., ① the Defendant was unable to receive an order of noise maintenance and a loudspeaker, etc. at the time, and the Defendant appears to have entirely known the details thereof, and ② the police F in charge of noise measurement at the time was released from the Defendant, on the part of the Defendant’s assembly with an order of noise maintenance and a loudspeaker, etc., and each of the above orders was sent to F at the time.