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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal (related to the violation of the Assembly and Demonstration Act among the facts charged in this case) compared the time when the defendant participated in the assembly of this case by each photograph, information situation report, etc., and the time when the order keeping line of this case was moved and invaded. In full view of the criminal facts of obstruction of general traffic, which are the guilty part of the judgment below, and the criminal records of the defendant, etc., the court below acquitted the defendant of this part of the facts charged. Thus, the court below erred by misapprehending the facts and by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
(a) A person who intends to participate in an assembly of this part of the facts charged shall not interfere with the maintenance line established by the head of the competent police authority for the protection of assembly and demonstration and for the maintenance of public order for a considerable time without justifiable grounds, damage, conceal, move, remove, or impair its utility by any other means;
On July 3, 2012, the Chief of Gyeonggi-gu Police Station: (a) around 15:05, in accordance with the report of the assembly in which the Defendant participated, set up a line for the maintenance of order on two lanes, which are set up in front of the Gyeonggi-do Office, but the Defendant and the participants in the assembly; (b) on the same day, the Defendant and the participants secured three lanes by moving the said line for the maintenance of order; and (c) from around 16:00 to around 17:10 on the same day, the Defendant and the participants of the assembly sent three lanes to move from the front of the Gyeonggi-do Office to the road without a pedalle, but they neglected and convened two lanes as reported by the police officers.
Accordingly, the Defendant moves the maintenance line installed at the above assembly site from July 13, 2012 to 17:10 on the same day without justifiable grounds, notwithstanding the police officer’s warning.