All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The sentence (700,000 won) imposed by the prosecutor by the lower court is too unhued and unjust.

B. The punishment imposed by the lower court is too unreasonable (other reasons for appeal, which are written in the reply, written opinion, etc. submitted after the deadline for submitting the written reason for appeal, are considered only to the extent of supplement in case of supplement of the written reason for appeal). 2. The crime of this case is an unfavorable circumstance such as the fact that the Defendant attended an assembly held at a place where assembly is prohibited, the Defendant is present three times at an assembly at a place where assembly is held, and the responsibility for the crime is not easy, and the freedom of assembly, which is a fundamental right guaranteed by the Constitution, should be exercised within the framework of the rule of

However, since freedom of assembly needs to be sufficiently protected within our legal order, if there is no serious infringement of legal interests even if there is a violation of the positive law, the heavy punishment should be avoided, and the defendant appears to have been involved in each assembly of this case as a simple participant (the prosecutor also applies Article 23 subparag. 3 (not the organizer) of the Assembly and Demonstration Act as to the facts charged of this case). There was a serious infringement of legal interests by the peaceful completion of the assembly and demonstration.

It is difficult to see, and there are favorable circumstances such as that the defendant has been punished for the same kind of crime, but has been very old.

In addition, if there are no special circumstances or changes in circumstances that can be newly considered after the sentence of the lower judgment, the sentence imposed by the lower court is deemed appropriate in view of all the sentencing conditions as shown in the records and theories of this case, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

3. As such, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.