All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendants (Defendant A: fine of KRW 3 million; fine of KRW 2 million for Defendant D: fine of KRW 2 million; fine of KRW 1 million for each of the Defendants B, C, and E) is too unreasonable.

B. Prosecutor 1) An assembly conducted before the Y police station prior to the charge of misunderstanding the facts and misapprehending the legal principles (hereinafter “Y police station assembly”) is not an contingent assembly that is not subject to the prior reporting provision of the Assembly and Demonstration Act (hereinafter “the Assembly Act”), but an emergency assembly that is promoted by the motive due to an urgent incident, and thus, can specify the organizer, purpose, date, time, place, etc., and thus, is subject to reporting under the Assembly and Demonstration Act.

Nevertheless, among the facts charged against Defendant A, the court below acquitted Defendant A of violation of the Act on Assembly and Demonstration due to the failure to hold a report meeting, or erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The lower court’s sentence against the illegal Defendants in sentencing is too unhued and unreasonable.

2. Determination

A. Judgment 1 on the Prosecutor’s misunderstanding of the facts and misapprehension of the legal principles 1) The lower court’s judgment is an outdoor assembly or demonstration which requires a report under Article 6(1) of the Assembly and Demonstration Act.

The term "outboard outdoor assembly or demonstration" means a planned outdoor assembly or demonstration to the extent that the organizer, purpose, date, time, place, etc. of the outdoor assembly or demonstration can be specified in advance, and it is reasonable to interpret that an outdoor assembly or demonstration is not an outdoor assembly or demonstration that cannot be reported in advance without specifying the organizer, purpose, etc. of the outdoor assembly or demonstration, and it is reasonable to interpret that it does not constitute an outdoor assembly or demonstration that cannot be reported in advance. Under the preceding paragraph, when the defendant was arrested as a participant in the assembly while holding the assembly of this case and intrusion into the present site of the Mdo government office with the participants in the assembly, he was arrested as a flagrant offender and transferred to the Y police station for about about about 40 minutes by moving about one hour and 40 minutes, along with the participants in the assembly to the Y police station.