집회및시위에관한법률위반
The judgment of the first instance shall be reversed.
The sentence against the accused shall be determined by a fine of KRW 3,00,000.
The above fine shall be imposed on the defendant.
1. The decision of this court on February 2, 200, the decision of this court was made on the following grounds: (i) mistake of the gist of the grounds for appeal or misunderstanding of legal principles (the defendant only conducted one demonstration in order to support the family members of G against the FF corporation, and thus, it cannot be deemed as holding a "meeting", which is subject to reporting; (ii) since FF corporation's prior notice of the assembly report was practically impossible at the time of reporting the assembly report by the defendant; (iii) there was no possibility for the defendant to expect the assembly report; and (iv) the defendant's demonstration was realized of the freedom of assembly guaranteed by the Constitution;
A. (1) Under Article 2 subparag. 3 of the Assembly and Demonstration Act, the organizer of an assembly or demonstration refers to a person or organization holding or holding an assembly or demonstration under his/her own responsibility under Article 6(1) of the same Act. The organizer of an assembly or demonstration for which a prior report is required pursuant to Article 6(1) of the same Act refers to a person holding or leading an assembly or demonstration, or a person planning or organizing such an assembly or demonstration and moving it to its implementation. The organizer of an assembly or demonstration refers to a person who solicits an assembly or demonstration for which a prior report is required to be filed, and the person who solicits an assembly or demonstration through functional control and control by the intent to jointly process the unreported outdoor assembly or demonstration, even if the person does not directly participate in the specific implementation, cannot be exempt from the criminal liability as a co-principal for the activities of an outdoor assembly or demonstration
(see, e.g., Supreme Court Decision 2007Do6188, Jun. 26, 2008). Moreover, “ Demonstration” as referred to in the Assembly and Demonstration Act means a place where a large number of people can freely pass through, or exert influence or control over, a road, plaza, park, etc. for common purposes.