All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant’s assertion 1) misunderstanding of facts and misunderstanding of legal principles should be taken into account only when there is not sufficient burden to prevent danger, which is directly harmful to public safety. At the time of the instant case, the police demanded a person who committed an act, such as setting aside a chemical team, to stop it, and when blocking only entry into the chemical team, the police issued a dispersion order against all persons in the relevant place even though it was sufficient. This is unlawful and thus, even if the Defendant did not comply with it, the Defendant’s act is not a crime. 2) The sentence of a fine of KRW 2 million imposed on the Defendant by the lower court is too unreasonable.

B. The Prosecutor’s assertion that the Defendant’s above sentence imposed by the lower court is too unfasible and unreasonable.

2. Determination

A. 1) Judgment on the Defendant’s mistake of facts, misapprehension of legal principles, and a person participating in an assembly or demonstration shall not commit any act disturbing order by assault, threat, damage, fire prevention, etc., and the head of the competent police authority may demand voluntary dispersion within a reasonable time and order dispersion if he/she does not comply with such demand (Articles 18(2), 16(4)2, and 20(1)5) of the Assembly and Demonstration Act). In light of the evidence duly adopted and investigated by the court below, the following facts are acknowledged. In light of the number of participants in the assembly of this case, progress, mode of conduct, etc., the police officer delegated by the chief of the competent police authority, from the time when he/she requested the closure declaration of the assembly, it shall be deemed that the police officer was in a state in which it was impossible to maintain order due to any act that disturbs the order, such as the destruction of participants, etc.