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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds of appeal is that the instant assembly was conducted within a university, and thus does not constitute an outdoor assembly subject to reporting. Even if the instant assembly constitutes an outdoor assembly, it constitutes a justifiable act that does not contravene social rules, in light of the fact that the instant assembly was conducted from 17:00 to 40 minutes from the completion of duties of the university, to the extent that does not interfere with access or passage of other persons.
The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by mistake or misapprehension of legal principles.
2. Determination
A. Whether an outdoor assembly constitutes “the Assembly and Demonstration Act” (hereinafter “the Assembly and Demonstration Act”)
An assembly subject to guarantee and regulation under the Act refers to a “temporary gathering of a specific or unspecified number of people for the purpose of externally expressing their opinions by forming a common opinion.” In addition, an assembly at a place without ceiling or all-round closure is included in an assembly subject to guarantee and regulation under the Act in that it threatens to harm public safety and order depending on its location, width, form and number of participants, purpose, character and method of assembly, etc., even though it is not a place where the general public may freely pass through, and even if it is not a place where it is not a tent or an erosion control is not closed.”
However, in light of the fundamental ideology that guarantees the freedom of assembly and the contents and legislative purport of Article 2 subparag. 1, Article 6(1), and Article 22(2) of the Assembly and Demonstration Act, it can be seen that there is no predictability about situations that may cause conflict with the legal interests of a third party or damage to public safety and order, or is within the scope of general social order, in light of the purpose, method and form of assembly, the number and composition of participants, the opening of the place and accessibility of the assembly, and surrounding environment, etc.