The appeal is dismissed.

The grounds of appeal are examined.

In full view of the constitutional value and function of the freedom of assembly, the constitutional spirit that declared the prohibition of permission for assembly, and the purport of the Act on Assembly and Demonstration (hereinafter “Act”) under the prior reporting system regarding outdoor assemblies and demonstrations, etc., the report is significant in providing specific information on assemblies to an administrative agency for cooperation in the maintenance of public order, and it is not changed into an application for permission for assembly. Thus, it cannot be readily concluded that the outdoor assembly or demonstration is not allowed to be held beyond the scope of protection of the Constitution solely on the ground that the report was not filed.

Therefore, even if Article 20(1)2 of the Assembly and Demonstration Act does not separately stipulate the requirements for dispersion as the object of an outdoor assembly or demonstration which is not reported, it may be ordered to dissolve pursuant to the above provision only when the outdoor assembly or demonstration clearly poses a direct risk to another person’s legal interests or public peace and order, and only when the outdoor assembly or demonstration satisfies such requirements, it may be punished pursuant to Article 24 subparag. 5 of the Assembly and Demonstration Act.

(See Supreme Court en banc Decision 2010Do6388 Decided April 19, 2012). On the grounds indicated in its reasoning, the lower court reversed the first instance judgment convicting of each of the facts charged in the instant case on the ground that the violation of the Act constitutes a case where there is no proof of criminal facts, and acquitted this part of the charges.

The judgment below

Examining the reasoning in light of the aforementioned legal principles and records, the court below’s measure is just and acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the crime of non-compliance with dispersion order under the Act

Therefore, the appeal is dismissed.