The judgment below is reversed, and the case is remanded to the Ulsan District Court.

The grounds of appeal are examined.

1. The lower court, based on the circumstances stated in its reasoning, found that a lawful dispersion order was issued between June 11, 201 and June 12, 201.

It is difficult to see

In light of the facts charged in the instant case, the lower court acquitted the Defendant on the violation of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) due to non-compliance with the dispersion Order for six times from June 11, 2011 to June 12, 2011.

2. However, the lower court is difficult to accept for the following reasons.

The judgment below

According to the reasoning and evidence, ① the instant demonstration was not reported, and it continued to exceed 24:00 on June 11, 201, and ② the Busan Young-do Police Station U chief on June 12, 201 from the police broadcast vehicle to 00:36 to 02:08 on June 12, 2011.

Many of the participants of the assembly are participating in an unreported unlawful assembly demonstration.

Voluntary dispersion, and return home to the home, and the main time shall be flurged.

The following facts are revealed: “A broadcast of the content of the broadcast “” and repeated each time of broadcast: (3) the phrase “the first dispersion order” or “the nine dispersion order” is indicated on the electronic sign board installed outside the police broadcast vehicle at the time of such broadcast; (4) the participants of the instant demonstration in approximately 400 were engaged in demonstration in front of the Hanjin Heavy Industries, which was going to Korea from around 00:45 on June 12, 201, and some participants were going to Korea Heavy Industries Co., Ltd. from around 01:25 on the same day; and (4) from around 01:30 on the same day, some participants went to Korea Heavy Industries Co., Ltd.

Examining the progress of the instant demonstration, the contents of the police broadcast and the display of the electronic sign board, the distance and frequency of broadcasts, the situation of the demonstration at the time of broadcasting, etc., the instant demonstration constitutes an unreported night demonstration, and the head of the competent police station.