All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts and misunderstanding of the legal principles (as to the violation of the Assembly and Demonstration Act, which was found guilty), the Defendants merely putting up a banner with a view to the construction of a retaining wall’s additional construction at the time of the instant case, and carried out an entertainment with a view to shooting the retaining wall’s additional construction, and did not have any power or force, and thus, the Defendants’ act cannot be deemed as constituting “ demonstration” as prescribed by the Assembly and Demonstration Act.

B) Even if the Defendants’ act constitutes “ Demonstration”, it was conducted for the public interest purpose to inform the public of the risk of constructing a nuclear power plant in a densely populated ancient and Ulsan mountain area, and used a peaceful means and method without exercising any physical power in the process, so the Defendants’ act constitutes a justifiable act that does not contravene the social norms, and thus, the illegality is excluded.

C) Nevertheless, the court below found the Defendants guilty of violating the Assembly and Demonstration Act, among the facts charged, erred by misapprehending the legal principles and misconception of facts.

2) The punishment sentenced by the lower court to the Defendants (a fine of one million won) is too unreasonable.

B. Prosecutor 1) misunderstanding of the facts and misapprehension of the legal principles (as to the violation of the Punishment of Violences, etc. Act (joint residential intrusion) / The entrance of the Defendants at the time of the instant case is the upper part of the retaining wall (shore protection wall) that plays a boundary role in preventing the intrusion of the original structure. In light of the structure and function of the said retaining wall, the form of building of the retaining wall above the retaining wall, etc., the said site constitutes a summary of the original structure.

Nevertheless, the judgment of the court below which acquitted the above facts charged on the ground that it is difficult to view the above site as a summary of the original building is the original building, is erroneous and erroneous.