The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of KRW 1,500,000.

Defendant .

1. The summary of the instant case: (a) Defendant A, as the organizer of an assembly at an interest meeting of the president of the branch of G passenger terminal (hereinafter “passenger terminal”) at the KJ joint market at the center of the Korean Democratic Trade Union’s total construction labor union E branch of the Korea Association; (b) reported the closure of the entrance of the G passenger terminal (hereinafter “passenger terminal”); and (c) Defendant B and C violated the passenger terminal parking lot and the maintenance of order by leaving off the place and method reported by the Defendant B and C; and (d) obstructed the business of operating the passenger terminal parking lot and maintaining order by conducting a demonstration at a transmission tower at that place; (c) the prosecutor charged the Defendants with the charge of violating the Punishment of Violence, etc. Act (joint residence) and the joint principal offender of the obstruction of business affairs; and (d) Defendant A, as well as the charge of violating the Assembly and Demonstration Act.

The court below found Defendant B and C guilty of all the facts charged, but found Defendant A guilty of aiding and abetting the violation of the Punishment of Violences, etc. Act (joint residential intrusion) and aiding and abetting the violation of the Act on Punishment of Violences, etc., and found Defendant A not guilty of the joint principal offender for this reason, and found Defendant A not guilty of the violation of the Assembly and Demonstration Act.

The prosecutor filed an appeal against the whole of the judgment below.

2. Summary of grounds for appeal;

A. The sentence imposed by the lower court on Defendant B and C (a fine of KRW 3 million for each of the Defendants) is too unhued and unreasonable.

B. misunderstanding of the facts and misapprehension of the legal principles as to Defendant A: (a) in the event that B and C intruded into a passenger terminal parking lot and conducted a demonstration up to the transmitting tower, the Defendant provided a critical assistance in all stages of preparation, commencement, progress, and completion of high public demonstration; (b) the Defendant is not merely an aiding and abetting a crime committed by B and C, but also is liable as a joint principal offender (not only with reason). The act of occupying a transmission tower in the passenger terminal parking lot B and C.