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The prosecutor's appeal is dismissed.
Reasons
1. The Enforcement Decree of the Act on Assembly and Demonstration provides for the noise standards of loudspeakers, etc. under Article 14 below 65dB, and the noise generating amount depending on the difference between background noise and loudspeakers, etc. after the use of loudspeakers. Thus, if the amount of noise generated by the use of loudspeakers, etc. exceeds 65dB, this exceeds the noise standard, and as long as the correction was made, it is subject to an order to maintain noise without relation to the background noise.
Although the court below interpreted that the meaning of the noise maintenance order should be maintained at a level below 65dB, it should be viewed that the noise maintenance order should maintain the corrected amount of noise below 65dB.
In accordance with the judgment of the court below, even if there is a large amount of noise in the area where the background noise is not less than 65dB, it would result in unreasonable consequences that are not subject to the noise maintenance order, and the purport of the law to regulate the addition of noise exceeding the standard noise level is also blind.
2. Determination
A. Article 14 of the Enforcement Decree of the Assembly and Demonstration Act [Attachment 2] of the same Act pursuant to delegation of Article 14(1) of the same Act provides for noise standards, such as night (from sunset to sunrise) in cases of residential areas, schools, general hospitals, and other areas except public libraries. According to the evidence duly adopted and examined by the court, on April 21, 2016, where the noise at the place of the instant assembly was measured as 75.9dB on the same day, around 20:53 of the same day as the noise at the place of the instant assembly was measured at around 20:38 of the same day, and around 20:38 of the same day, at around 20:53 of the same day, after measuring noise, such as the wind weather at around 20:38 of the same day, as the noise level subject to the noise level is maintained below the noise standard set forth in attached Table 2 / [Attachment 2] 65dB.
The facts of delivering to the defendant the noise maintenance order stating the contents of the "Act" are as follows.