The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. In other words, the Defendant is not the organizer of the D Assembly on December 15, 2013 (hereinafter “instant Assembly”).

(2) At the time of the instant assembly, the police officer unilaterally given the Defendant a noise maintenance order without presenting his/her identification card, which cannot be seen as a legitimate order.

(3) The evidence submitted by the prosecutor alone alone that the noise of the instant assembly exceeded the permissible level of noise.

It is difficult to see it.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. The summary of the facts charged is that the Defendant is a branch C of Samsung Electronic Services Co., Ltd., the nationwide metal labor union, and is a non-social progress joint and several members, and the Defendant directly reported the assembly at the time of the “D Assembly” and was preparing and managing the above assembly at the beginning until the end of the assembly.

From 10:30 on December 15, 2013 to 24:00 on January 12, 2014, Samsung T&M Co., Ltd. (the Defendant) reported to the head of Yongsan-gu Police Station, Yongsan-gu, Seoul, the assembly name “D,” and the purpose of holding the assembly at the front of Samsung T&M services, as the entrance and transfer of the entrance of Samsung T&M and its surrounding areas, front of the departure of 1, 2, 3, and 4 in the Lee Taewon-dong, Yongsan-gu, Yongsan-gu, Seoul, and the direction of holding the assembly was “comfore for the resolution of the problem of Samsung T& E services F to solve the problem.”

(1) The organizer of an assembly or demonstration in violation of the Assembly and Demonstration Act (limited to the use of loudspeakers, etc.) shall not produce any noise which causes serious damage to others by using such devices or instruments as loud speaker, drums, small or large sized drums, etc. and which is in contravention of the noise levels determined by Presidential Decree.

Where noise exceeding noise levels such as loud, etc. causes damage to others, the noise maintenance below the noise levels or the suspension of the use of loud, etc. may be ordered, or necessary measures, such as temporary storage of loud, etc. may be taken, but it shall be in Yongsan-gu Seoul Metropolitan Government from 10:30 to 11:30 on December 15, 2013.