The judgment below

The part against the defendant is reversed, and this part of the case is to the Busan District Court Panel Division.

1. The decision shall be made ex officio;

The lower court, based on Articles 23 subparag. 1 and 10 of the Assembly and Demonstration Act (wholly amended by Act No. 8424, May 11, 2007; hereinafter “the Assembly and Demonstration Act”), held a night demonstration by applying the main text of Article 23 subparag. 1 and 10 of the Assembly and Demonstration Act, Article 3-A of the facts charged in the

The part of the appeal is found guilty.

However, the Constitutional Court rendered a decision on March 27, 2014 that in the case of Articles 2010Hun-Ga2, 2012Hun-Ga13 (Joint) and 2012Hun-Ga13 (Joint) of the Assembly and Demonstration Act, Article 10 of the Assembly and Demonstration Act and Article 23 Subparag. 3 of the same Act concerning “ Demonstration” shall be deemed to be in violation of the Constitution, as long as the provisions regarding “ Demonstration” in Article 10 of the Assembly and Demonstration Act and Article 23 Subparag. 3 of the same

Notwithstanding the form of expression in the text, the above decision of the Constitutional Court shall be deemed to be a partial unconstitutional intent of Article 47 of the Constitutional Court Act that "from the truth-finding to the 24th day of the same day" is in violation of the Constitution, and thus, it shall have the effect as a decision of unconstitutionality under Article 47 of the Constitutional Court Act.

In addition, Article 23 of the Assembly and Demonstration Act provides that the part of the night demonstration under the main sentence of Article 10 of the Assembly and Demonstration Act is the ground for the common punishment, but it differs from the statutory punishment depending on whether the person who hosts the night demonstration (Article 10 subparagraph 1) or simply participates (Article 23 subparagraph 3). The above decision of the Constitutional Court is against the participants under Article 23 of the Assembly and Demonstration Act, but the above part of the night demonstration among the night demonstration under the main sentence of Article 10 of the Assembly and Demonstration Act is decided as unconstitutional. Thus, the above decision of unconstitutionality has effect on the organizer who

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, so this part of the facts charged charged that was prosecuted by applying the above Article of the Act is a crime.