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The judgment of the first instance is reversed.
Defendant
B shall be punished by a fine of 200,000 won.
Defendant
B The above fine shall not be paid.
Reasons
1. Summary of grounds for appeal;
A. The sentencing of the first instance court (a fine of KRW 300,000) against the prosecutor Defendants is too unhued and unfair.
B. Defendant 1: (a) the Assembly and Demonstration Act does not constitute an unlawful political act prohibited by the State Public Officials Act; (b) if the Assembly and Demonstration Act extends to the expression of opinion, it is an unconstitutional interpretation that excessively limits the citizens’ freedom of thought and cultivation and the freedom of press, publication, assembly and association, which is a public official; and (c) based on such interpretation, the facts charged in the instant case are not guilty; (b) even if the Defendants were guilty, they did not lose the opportunity to be tried together with the Second Assembly and Demonstration Act (hereinafter “the First Assembly and Demonstration Act”) and did not enjoy the benefit of sentencing by losing the opportunity to be tried together with the Second Assembly and Demonstration Act; and (d) taking into account the fact that the degree of the Defendants’ participation is insignificant, the first instance sentencing against the Defendants is unreasonable.
2. Although the freedom of political expression is guaranteed even in the case of teachers who are public officials, in light of the constitutional spirit declaring the political neutrality and the political neutrality of education of the above public officials and the purport of relevant statutes, the freedom of political expression is limited to a certain extent. This is the limitation that public officials, who are public officials, should bear the status guaranteed by the Constitution.
In addition, if the political expressive act of a public official is conducted in a large scale by putting the status of a teacher entirely, it is necessary to evaluate it in consideration of the ripple effects on the educational field and society.
Therefore, teachers who are public officials are collectively engaged.