The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The assembly in the judgment of the court below constitutes an assembly or demonstration which is obviously likely to pose a direct threat to public peace and order due to collective violence, intimidation, destruction, fire prevention, etc. (hereinafter “public dangerous assembly”), and the defendant was aware of such fact from the beginning and participated in the above assembly, and the assembly first held in the judgment of the court below was legitimate and became a public dangerous assembly during the process of the assembly.

Even if the defendant did not leave the assembly with the knowledge of the fact, the defendant's act constitutes a crime of violation of the Assembly and Demonstration Act.

B. Unreasonable sentencing

2. Determination

A. As to the prosecutor's assertion of misapprehension of the legal principles, the court below held that in order to punish the defendant as a violation of Article 22 (4) and Article 5 (1) 2 of the Assembly and Demonstration Act (hereinafter "the Assembly and Demonstration Act"), the actor must participate in the public risk assembly as objective requirements, and that the assembly or demonstration at the time of the actor's participation as a public risk assembly is held in violation of Article 5 (1) 2 of the Assembly and Demonstration Act as a subjective element, and that the situation before and after the assembly of this case, which can be known through records, is the time or importance of the part where the assembly of this case was held and developed in the whole assembly of this case, and the degree of violence and the proportion of persons participating in violence among the participants in the assembly of this case, it cannot be readily concluded that the assembly of this case constitutes "public risk assembly from the beginning," and further, it is difficult for the prosecutor to separately view only the part where violence was exercised as an assembly of this case as a separate assembly."