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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles (1) that the Defendant and the participants of the assembly did not meet the lawful requirements of a dispersion order, merely because the Defendant and the participants of the assembly have occupied a opportunical opportuns, not India, and carried out relief, and thus, the direct risk of another person’s legal interests or public peace and order was clearly caused.
subsection (b) of this section.
② Since K in the senior police station that did not take possession of the Defendant and participants in the assembly ordered an order of dispersion on the ground of the occupation of delivery, the order of dispersion is in incomprehion and is incomprehion and legal.
(2) Article 20 of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) provides that a dispersion order may be issued even to a police officer with the authority to issue a dispersion order, despite that Article 17 of the Enforcement Decree of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) only grants the authority to issue a dispersion order by a legitimate person with the authority to issue a dispersion order, Article 17 of the Enforcement Decree of the Assembly and Demonstration Act expands the scope of a police officer with the authority to issue a dispersion order without any legal basis, and thus, Article 17 of the Enforcement Decree of the Assembly and Demonstration Act is null and void as it violates
B. According to Article 17 of the Enforcement Decree of the Act, the subject of punishment for a violation of the Act is extended to “a person who fails to comply with the dispersion order issued by the head of the competent police agency by the head of the police agency,” without any legal basis, to “a person who fails to comply with the dispersion order issued by the head of the competent police agency and the police officer by the head of the competent police officer,” and thus, the subject of punishment for a violation of the Act is also in violation of the principle
Therefore, in light of the principle of statutory reservation and the principle of statutory penalty, even if the defendant refused to comply with the dispersion order of K of the police station in the paper based on the above enforcement decree, it cannot be punished as a violation of the Act.
(2) The dispersion order of this case is ordered.