The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, most of the instant assemblies were small-scale assemblies in which more than 30 senior citizens participated, and the instant assemblies exceeded about 70 meters from the delivery prior to the viewing door, which is the place where the initial report was made, and were merely 3-4 minutes from the front door of the viewing door, and were left voluntarily and returned to the place where the initial report was made, not from the front door of the viewing door. In light of the fact that the Defendant committed “an act clearly deviating from the scope of the reported purpose, date, place, method, etc.” under Article 16(4)3 of the Assembly and Demonstration Act.

shall not be deemed to exist.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles, which affected the judgment.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of legal principles, the Assembly and Demonstration Act requires a person who intends to hold an outdoor assembly to submit a report stating the purpose, date (including necessary hours), place, organizer (in the case of an organization, including the representative thereof), contact manager, address, name, occupation, contact address of the person maintaining order, organization scheduled to participate and its number, etc. to the head of the competent police station from 720 hours to 48 hours prior to the outdoor assembly (Article 6(1) main text and Article 6(1)1 to 6 of the same Act). Such prior report aims to prevent conflicts of interest between the organizer, third party, and the general public in advance before the assembly is held, and to protect the public safety and order that may be infringed by the outdoor assembly by exchanging and cooperating with mutual information between the administrative office and the organizer through prior report on the assembly, and to minimize the risks of the assembly.