The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. As stated in the judgment of the court below, the defendant's act constitutes a justifiable act that does not violate the social rules, and thus, its illegality is excluded.

B. The court below's sentence of 10,000 won of imprisonment, 2 years of suspended execution, community service, and 30,000 won of fine imposed on the defendant is too unreasonable.

2. Ex officio determination

A. The lower court found the Defendant guilty of violating each Act due to the participation in night demonstration among the facts charged in the instant case by applying Article 23 Subparag. 3 and the main text of Article 10 of the Assembly and Demonstration Act (wholly amended by Act No. 8424, May 11, 2007; hereinafter “the Act”) by applying the main text of Article 23 Subparag. 3 and Article 10 of the Act.

On March 27, 2014, which was following the pronouncement of the lower judgment, the Constitutional Court rendered a decision that “the part concerning “ Demonstration” in the main sentence of Article 10 of the Assembly and Demonstration Act and Article 23 subparag. 3 of the same Act concerning “ Demonstration” in the main sentence of Article 10 of the same Act shall be in violation of the Constitution, which applies from sunset to 24 days after the same day.”

(2010Hun-Ga22012Hun-Ga13). The above decision of the Constitutional Court, despite the form of expression in the text, should be deemed to be the purport of partial unconstitutionality of the part concerning the “ Demonstration” under Article 47 of the Assembly and Demonstration Act, which “from the truth and the same day to 24 days from the same day,” and thus, is effective as a decision of unconstitutionality under Article 47 of the Constitutional Court

Therefore, the part concerning the “ Demonstration” under the provisions of the Assembly and Demonstration Act as seen above loses its validity retroactively pursuant to the proviso of Article 47(2) of the Constitutional Court Act. As such, among the violations of the Assembly and Demonstration Act due to the participation in the night demonstration of this case, the “the part concerning the participation in the demonstration from the truth-finding to the 24th day of the same day” which was prosecuted by applying the above provision is a crime.