All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

(a) The prosecutor’s first deliberation type (4 million won in penalty) is unreasonable as it is too unhued;

B. Defendant 1) The part of the violation of the Assembly and Demonstration Act (misunderstanding of legal principles) due to the non-compliance with the dispersion order was held at a place where the Defendant et al. was prohibited, but it was peacefully carried out within the polysium established by the police, and the access of the general public was also smoothly continued. As such, the order of dispersion issued by the police issued in a state where there was no direct threat to the public safety and order is not legitimate.

Therefore, even if the order of dispersion was not complied with, it does not constitute a crime of violation of the Assembly and Demonstration Act due to the failure to comply with the order of dispersion.

2) On November 14, 2015, at around 15:03 on the same day, the part concerning the interference with ordinary traffic (misunderstanding of legal principles) was already installed in a distance range as at the Sejong, thus blocking roads in the direction of South and North Korea. Therefore, even if the Defendant’s act of occupying a road from around 20:10 to 20:39, it cannot be recognized as a considerable relation to the interference with traffic.

In addition, since the defendant did not directly cause traffic interference, there is no public contest relationship between the participants in other assemblies.

3) The punishment for one of the unfair sentencing factors is excessively unreasonable.

2. Determination:

A. In full view of the constitutional value and function of the freedom of assembly on the part of the violation of the Assembly and Demonstration Act due to the non-compliance with the dispersion order, the constitutional spirit that declared the prohibition of permission for assembly, and the purport of the reporting system, etc., the report is significant in providing specific information about assembly to the administrative authority for cooperation in the maintenance of public order, and it is not changed into an application for permission for assembly. Thus, it is not allowed to hold the outdoor assembly or demonstration beyond the protection of the Constitution solely on the ground that the report was not filed.