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The defendant shall be innocent.
Reasons
1. A report stating the purpose, date, etc. of holding an outdoor assembly or demonstration in the facts charged shall be submitted to the chief of the competent police station from 720 hours to 48 hours prior to the commencement of the assembly or demonstration, and the chief of the competent police station may demand a voluntary dispersion within a reasonable time, order dispersion if such demand is not complied with, and all participants in the assembly or demonstration ordered to be dispersion shall be dissolved without delay;
At around 16:00 on August 10, 2010, the Defendant participated in a briefing session, which was iced to the press conference, by holding a banner in front of the building head office in Seocho-gu Seoul Metropolitan Government, stating “D deaf-mutes shotning, release of performers, and demand for direct bargaining”, and by raising relief of the same content.
On the same day, even though the head of the Seocho Police Station, who is the chief of the police station, delegated the duties of assembly management and illegal assembly prevention by the chief of the police station, and the head of the Seocho Police Station, requested voluntary dispersion from the chief of the police station, the participants of about 40 assembly including the defendant did not comply with the request. In other words, the participants of the above 40 assembly, including the defendant, were ordered to dissolve three times (16:20, 16:45, and 17:03) from the above 16:2
2. Determination
A. In full view of the constitutional value and function of the freedom of assembly, the constitutional spirit that declared the prohibition of permission for assembly, the purport of the prior report system on outdoor assembly and demonstration, etc., the report is intended to cooperate with the administrative authorities in maintaining public order by providing specific information on assembly with respect to assembly. Thus, it cannot be readily concluded that an outdoor assembly or demonstration is an outdoor assembly or demonstration that is not allowed to be held beyond the scope of protection of the Constitution solely on the ground that the report was not filed.
Therefore, the Assembly and Demonstration Act is called the "Act".