The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. As to the violation of the Assembly and Demonstration Act

A. Article 20(1) of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) provides that with respect to an assembly or demonstration falling under any of the following subparagraphs, the head of the competent police authority may demand voluntary dispersion within a considerable period of time, and if such demand is not complied with, he/she may order dispersion. Article 20(2) of the Assembly and Demonstration Act provides that all participants shall immediately dissolve when the assembly or demonstration is ordered to dissolve under paragraph (1). In light of the relevant provision’s interpretation, when the head of the competent police authority issues an order of dispersion, he/she must specifically notify whether the grounds for dispersion falls under any of the subparagraphs of Article 20(1

(2) In the event that an order of dispersion was issued on February 9, 2012 (see, e.g., Supreme Court Decision 201Do7193, Feb. 9, 2012). Therefore, in a case where a specific cause for dissolution was not notified in the course of the dispersion order or an order of dispersion was issued upon notifying a justifiable cause, even if such an order of dispersion was not complied

Meanwhile, as to whether an outdoor assembly or demonstration reported under the Assembly and Demonstration Act and an outdoor assembly or demonstration actually held, the overall and comprehensive determination should be made by comparing it with each other, such as the reported purpose, date, time, place, organizer, participating group, number of participants, method of demonstration, etc. Even if the organizer who reported an outdoor assembly or demonstration deviates significantly from the scope of the purpose, date, time, place, method, etc. reported in the course of the event under his/her supervision, such outdoor assembly or demonstration cannot be deemed to have been held without filing a report. It is different from the first report under the direction of other organizers or participating groups, etc.