The judgment below

The acquittal portion shall be reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall be imposed on the defendant.

1. According to the evidence submitted by the prosecutor, the court below erred by misapprehending the legal principles as to dispersion order under the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”), and thereby affecting the conclusion of the judgment, even though the police specifically notified the participants of the demonstration including the defendant at the time and time stated in the facts charged in the judgment of the court below as to the facts charged, although the court below acquitted the participants of the demonstration as to this part of the facts charged, or by misapprehending the legal principles as to dispersion order under the Assembly and Demonstration Act (hereinafter “the Assembly Act”).

[The prosecutor appealed for a misunderstanding of facts or misapprehension of legal principles as to the acquittal portion of the lower judgment (the violation of the Assembly and Demonstration Act due to the failure to comply with the dispersion order) and the guilty portion [the violation of the Act on Assembly and Demonstration due to the participation in the night demonstration, the general traffic obstruction, and the violation of the Punishment of Violences, etc. Act (joint residential intrusion)]. The Defendant appealed for a misunderstanding of facts or misapprehension of legal principles as to the guilty portion, or unfair sentencing.

Therefore, the appellate court prior to the remanding of the case is dismissed by the prosecutor's appeal as to the acquittal portion, and does not accept the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles as to the guilty portion. However, the argument regarding sentencing unfair is accepted and the judgment of the court below is reversed, and the defendant is sentenced to a fine of KRW 50

In this regard, the judgment of the court before remanding the case is remanded to the public prosecutor only on the ground of misunderstanding of legal principles as to the acquittal portion, and the conviction portion of the court before remanding the case is separately confirmed. Therefore, only the acquittal portion of the judgment of the court below is subject to the judgment of this court)

2. Judgment on the grounds for appeal by the prosecutor

A. The summary of this part of the facts charged is as follows: No person may conduct any demonstration before sunrise or after sunset, or hold an assembly.