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The judgment below
The part against the Defendants is reversed.
Defendant
B, J and Q in each fine of KRW 1,500,000, Defendant A.
Reasons
1. Summary of grounds for appeal;
A. Fact-finding 1) As to the violation of the Act on Assembly and Demonstration due to the failure to report assemblies, the Defendants are merely participants who did not gather in advance, and even though they are not the organizer of the assembly, the judgment of the court below convicting the Defendants of this part of the charges is erroneous in the misapprehension of facts. 2) The judgment of the court below convicting the Defendants of this part of the charges, despite the fact-finding, although the general vehicles, as regards the conduct of general traffic obstruction, have been on the road, and after the passage of vehicles under the police control, did not interfere with traffic.
3) As to interference with the business, the court below found the Defendants guilty of this part of the charges, despite the fact that the Defendants did not interfere with the bus operation business due to a short time to block tourist buses and that the tourist bus did not interfere with the destination, there was an error in law by misunderstanding facts. 4) Even if the Defendants did not hear the dispersion order as to the violation of the Act on Assembly and Demonstration due to the violation of the dispersion Order by female Defendants, the above Defendants could not be ordered to dissolve only when they were unable to hear the dispersion order, and even if they were not reported, when there was a clear direct danger to others’ legal interests or public safety and order, the men who already participated in the demonstration were involved in the demonstration, starting from the tourist bus, and
Even if it is not punishable by a violation of dispersion order, and it is merely a failure of the police officers to dissolve the above Defendants because they did not leave the way to dissolve them, and thus, it does not constitute a violation of the Assembly and Demonstration Act due to a violation of dispersion order, the judgment of the court below which found the Defendant guilty of this part of the facts charged
5 Grounds for excluding illegality.