The judgment below

The guilty part is reversed, and that part of the case is remanded to Busan High Court.

The grounds of appeal are examined.

1. As to the violation of the Assembly and Demonstration Act due to the hosting of night demonstration, the lower court convicted the Defendant of the violation of the Assembly and Demonstration Act by applying Article 23 subparag. 1 and the main text of Article 10 of the Assembly and Demonstration Act (wholly amended by Act No. 8424, May 11, 2007; hereinafter “the Assembly and Demonstration Act”) among the facts charged in the instant case.

On March 27, 2014, which was following the pronouncement of the lower judgment, the Constitutional Court rendered a decision that “the part concerning a demonstration in the main text of Article 10 of the Assembly and Demonstration Act and the part concerning a demonstration in the main text of Article 10 of the Assembly and Demonstration Act among Article 23 subparag. 3 of the Assembly and Demonstration Act shall be in violation of the Constitution, as long as it applies to the demonstration from sunset to twenty-four days from the same day.”

The above decision of the Constitutional Court is deemed to be in violation of the Constitution, since the part of "from the truth-finding to the 24th day of the same day" among the above Article of the Assembly and Demonstration Act, is deemed to be a unconstitutional decision as stipulated in Article 47 of the Constitutional Court Act.

(see Supreme Court Decision 2008Do9652, Aug. 20, 2014). Article 23 of the Assembly and Demonstration Act provides that the part of night demonstration under the main sentence of Article 10 of the Assembly and Demonstration Act is a common ground for punishment. However, the statutory punishment is different depending on whether a person who hosts a night demonstration (No. 1) or a simple participant (No. 3) is a person who hosts the night demonstration.

Therefore, although the above decision of the Constitutional Court is against the participants as stipulated in Article 23 of the Assembly and Demonstration Act, since the above part of the night demonstration among the night demonstration as stipulated in the main sentence of Article 10 of the Assembly and Demonstration Act was ruled unconstitutional, the above decision of the Constitutional Court also becomes effective against the organizer who was prosecuted for the night demonstration (see Supreme Court Decision 201Do1602, Jul. 10, 2014). Thus, the part concerning the " demonstration" as stipulated in the main sentence of Article 10 and Article 23 of the Assembly and Demonstration Act concerning "from sunset to 24 days before the same day" shall also become effective.