The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal - misunderstanding of facts or misunderstanding of legal principles - According to the evidence submitted by the prosecutor, the Defendant was in charge of the position of the head of the Chungcheong Regional Headquarters E-F of the National Democratic Labor Union (hereinafter “Private Labor Union”) affiliated with the Korean Federation of Workers’ Unions, and actively participated in the instant assembly.

In addition, in light of the fact that the defendant was living in the usual Trade Union and Labor Relations Office and was present at the meeting of this case on a bus that was prepared by the members of the collective labor union with the members of the collective labor union upon the demand of the members of the collective labor union to attend the meeting of this case, the defendant was able to communicate with the vehicle by occupying the road on the face when the defendant attends the meeting of this case, and the multiple demonstrations, including the defendant, including the defendant, were occupying the road prior to the road, and the contents of the public announcement of the assembly of the collective labor union, the large situation at the time of the assembly, and the dispersion situation at the time of the assembly, repeated, etc., it is reasonable to deem that the defendant could have sufficiently recognized that he was occupying and driving on the road in violation of the notification of prohibition at the time, and the reported defendant brought about a result that makes it impossible or significantly difficult to pass on the road by combining with other participants of the assembly who remarkably deviates from the scope of the assembly.

Nevertheless, the court below acquitted the defendant, and there is an error of law that affected the conclusion of the judgment due to misunderstanding of facts or misunderstanding of legal principles.

2. Determination

A. The summary of the facts charged in the instant case is D D branch E and F of the E branch of the E-F branch of the E-U.S. C D branch of the E-U. public transportation labor union.

On November 14, 2015, the Defendant held a public forum in Jung-gu Seoul Special Metropolitan City around November 14, 2015, and participated in the 68,000 members of political parties and civil society organizations.

In the report of the above assembly, 16:00 to 20:00 on the same day, 30,000 persons participate in the report of the assembly, and the Seoul Square, the luminous Sagle, and the third class.