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The prosecutor's appeal is dismissed.
Reasons
1. According to Article 8(1) of the Assembly and Demonstration Act (hereinafter “Act”), the lower court acquitted the Defendant on the ground that only the prohibition of assembly and demonstration is prohibited, the Defendant shall be notified within 48 hours from the time of receipt of the report, and the conditions for maintaining traffic order are not applicable, but the Defendant shall be notified within 48 hours from the time of receipt of the report, on the ground that the conditions for maintaining traffic order should also be notified within 48 hours from the time of receipt of the report.
2. Determination
가. 이 사건 공소사실 피고인은 2011. 8. 28. 10:30경 서울 서대문구 현저동에 있는 독립문공원 앞에서 C노동조합이 D 사태 해결을 촉구하기 위해 주최한 ‘희망만들기 깔깔깔-만민공동회’ 집회에 참석하여 서울 용산구 갈월동에 있는 남영로터리까지 행진하게 되었다.
On August 26, 2011, the commissioner of the Seoul Provincial Police Agency attached the condition of traffic order to promptly proceed with the above assembly using two lanes in the moving direction except the bus exclusive lanes. However, the defendant occupied three to four lanes in front of the National Police Agency located in Seodaemun-gu Seoul, Seomun-gu, Seoul, along with 800 participants in the above assembly at the roads of the National Police Agency in front of the Korean National Police Agency, in Seodaemun-gu, Seoul, with three to four lanes, and driven along the south Young-gu Seaside. On August 28, 2011, the defendant failed to dissolve the police station without delay even though he/she received an order of dissolution from the guard of the Seodaemun-gu Police Station and the head of the order of dissolution from the head of the Southwest-gu Police Station.
B. The lower court determined as follows: (a) although Article 8(1) of the Act applies to the conditions for maintaining traffic order under Article 12(1) of the Act; and (b) the head of the competent police authority should notify the organizer of an outdoor assembly or demonstration within 48 days from the receipt of the report within 48 days from the date of receipt of the report; (c) inasmuch as the instant assembly notifies the organizer of the said conditions after the lapse of 48 hours