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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. As to the violation of the Assembly and Demonstration Act on May 6, 2015 and September 23, 2015
A. The Constitutional Court rendered a decision of inconsistency with the Constitution that “The part concerning “the National Assembly Assembly Assembly Assembly Assembly Decision” in Article 11 subparag. 1 of the Assembly and Demonstration Act (wholly amended by Act No. 8424, May 11, 2007; hereinafter “the Assembly Decision”) and Article 11 subparag. 1 of the same Act in Article 23 shall not be in conformity with the Constitution,” and “the above provision of the Act shall continue to apply until it is amended by December 31, 2019,” and “the above provision of the Act shall continue to apply until it is amended by the time limit of December 31, 2019” [the Constitutional Court Decision 2013Hun-Ba322, 2016Hun-Ba354, 2016Hun-Ba354, 2017Hun-Ba360, 471, 2018Hun-Ga34, 2018, 394, etc., and hereinafter “the Act”).
B. The Constitutional Court’s ruling of inconsistency with the Constitution is a modified form that does not stipulate the Constitution and the Constitutional Court Act, but constitutes a decision of unconstitutionality as to legal provisions.
(See Supreme Court Decision 2004Do7111 Decided January 15, 2009; Constitutional Court Decision 2003HunGa1, 2004HunGa4 Decided May 27, 2004; etc.) Article 23 Subparag. 1 and 3 of the Assembly and Demonstration Act provides that the elements of violation of Article 11 of the Assembly and Demonstration Act shall be the elements of a crime. Article 24 Subparag. 5 of the Assembly and Demonstration Act is combined with Article 20(2) and (1) of the Assembly and Demonstration Act, and Article 11 of the Assembly and Demonstration Act shall be deemed the elements of a crime.
( Constitutional Court Order 2015Hun-Ga28, 2016Hun-Ga5 Decided June 28, 2018). Ultimately, Article 11 Subparag. 1 of the Assembly and Demonstration Act (see, e.g., Articles 23 subparag. 1 and 3 of the Assembly and Demonstration Act or Article 24 subparag. 5 of the Assembly and Demonstration Act) is deemed a decision of unconstitutionality as to the provision of the Punishment Act.
In addition, Article 47 (3) of the Constitutional Court Act is declared unconstitutional.