A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant is a person in charge of the head of the department in the area D of the organization called “C,” and the person who intends to hold an assembly shall report to the chief of the competent police station a report that meets certain requirements from 720 hours to 48 hours before the assembly, but from 14:30 on April 26, 2010 to 14:30 on the same day, the Defendant organized a non-reported assembly by visiting 10 members of the above organization in the street of Yongsan-gu Seoul Metropolitan City from 3 from 14:00 to 14:30 on the top of the 1 Ministry of National Defense, with 10 members of the above organization as well as 10 members of the above organization.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on the offender's domicile;

1. A report on the arrival of domestic animals;

1. Application of Acts and subordinate statutes to report on investigation (subject matters of direction)

1. Article 22 (2) and Article 6 (1) of the Act on the elective Assembly and Demonstration regarding the facts constituting an offense, and Articles 22 (2) and 6 (1) of the same Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to each of the following arguments, the Defendant and defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act, and the Defendant and defense counsel’s defense counsel’s assertion to the maximum extent possible.

Determination as to the Judgment

1. Claims ①

A. Article 22(2) and Article 6(1) of the Assembly and Demonstration Act, etc., which imposes an obligation to submit a report 48 hours prior to the commencement of the assembly and imposes a penalty upon the person who intends to hold the alleged outdoor assembly, are problematic, such as (i) the definition of the concept of the constituent elements of the assembly, and (ii) the excessive restriction on the fundamental rights of the people guaranteed by the Constitution, etc. (in particular, allowing a person to hold the assembly only 48 hours after the report to be held even in the case of a press conference requiring urgency, constitutes an unconstitutional law.)

B. We examine the judgment, and generally “convening”.