The judgment below

The conviction part is reversed, and that part of the case is remanded to the Seoul Central District Court Panel Division.

1. We examine the Prosecutor’s grounds of appeal.

The gist of the prosecutor's grounds of appeal is that the judgment of the court below is unlawful, since the court below judged that there was no proof of crime as to the charge of refusing to issue an order for dissolution against the defendant by failing to exhaust all necessary deliberations on the facts and finding wrong facts in violation of the rules of evidence.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof belong to the exclusive authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence, and the ground of appeal is merely a dispute over the fact-finding belonging to the exclusive authority of the court below and it

2. The decision shall be made ex officio;

The lower court found the Defendant guilty of violating the Act by participating in the night outdoor assembly among the facts charged of this case by applying Article 20 Subparag. 3 and Article 10 of the former Assembly and Demonstration Act (wholly amended by Act No. 8424, May 11, 2007; hereinafter “former Assembly and Demonstration Act”).

On April 24, 2014, which was following the pronouncement of the lower judgment, the Constitutional Court rendered a decision that “The part on Article 10 of the former Assembly and Demonstration Act and Article 10 main text of the former Assembly and Demonstration Act among Article 20 subparag. 3 of the former Assembly and Demonstration Act shall be unconstitutional, which applies to an outdoor assembly or demonstration from sunset to 24 days from the same day.”

The decision of the Constitutional Court is deemed to be in violation of the Constitution of the Republic of Korea, since Article 47 of the Constitutional Court Act provides that “from sunset time to 24:00 on the same day” of each of the above provisions concerning outdoor assembly or demonstration shall be deemed unconstitutional. Therefore, the decision of the Constitutional Court has the effect as a decision of unconstitutionality under Article

(See Supreme Court Decision 2008Do7505 Decided August 20, 2014). As such, among the parts pertaining to “an outdoor assembly” under the former Assembly and Demonstration Act, the time of sunset.