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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of legal principles: (a) The assembly of this case, which is proceeded within the J Center No. 1, was held by interested workers on the wind that the company would prevent them from using toilets inside the building; and (b) the Defendant did not intend to leave the reported place; and (c) the assembly of this case was held at a place less than 10 meters away from the reported place, and was clearly off the place where the report of this case was filed.
It is difficult to view the place of the instant assembly as an open space within the J Center, and as long as the outside person’s access is a place where access is controlled and obstructed, it is not anticipated that the instant assembly may conflict with the legal interests of neighboring residents or ordinary people or undermine public safety and order. In addition, it is sufficient to regard it as an act within the scope of general social order, and thus, it cannot be punished by the Assembly and Demonstration Act (hereinafter “the Assembly Act”).
Even if not,
Even if the assembly of this case was held within the scope of legitimate partnership activities, it is justified as it constitutes a legitimate act under the Criminal Act.
B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.
2. Determination:
A. In light of the purport of the Assembly and Demonstration Act’s purport as to the assertion of misunderstanding of legal principles, whether an outdoor assembly or demonstration held in reality constitutes “an act clearly deviating from the scope of reported objectives, date, time, place, method, etc.” under Article 16(4)3 of the same Act shall be determined by whether the assembly or demonstration clearly deviates from the scope expected by the report, and it is extremely difficult to achieve the purpose of the report system. In determining this, the freedom of assembly or demonstration is a citizen’s fundamental right guaranteed under the Constitution, and is the organizer of the assembly, etc.