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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1.(a)
Article 11 subparagraph 1 of the Assembly and Demonstration Act (wholly amended by Act No. 8424, May 11, 2007; hereinafter "the Assembly and Demonstration Act") provides that "the part concerning the National Assembly's will" in Article 11 subparagraph 1 of the Assembly and Demonstration Act and Article 23 Article 11 subparagraph 1 of the Assembly and Demonstration Act shall not be in conformity with the Constitution," and "the above provision of the Act shall continue to apply until it has been amended by December 31, 2019," and "the above provision of the Act shall continue to apply until it has been amended by the deadline for December 31, 2019" (the Constitutional Court Decision 2013Hun-Ba322, 2013Hun-Ba354, 2016Hun-Ba354, 2017Hun-Ba360, 398, 471, 2018Hun-Ga3, 44, 9 (Consolidated) of the Act).
B. The above decision of inconsistency with the Constitution is a decision of unconstitutionality as to the provision of the penal law, and where the Constitutional Court rendered a decision of unconstitutionality as to the provision of the penal law pursuant to the main sentence of Article 47(3) of the Constitutional Court Act, the provision becomes retroactively null and void. Thus, the court shall render a judgment of not guilty as to the prosecuted case against which a public prosecution was instituted
(see, e.g., Supreme Court Decisions 2019Do8453, May 28, 2020; 2018Do17454, Jun. 4, 2020).
In addition, in the case of the crime of dispersion and non-compliance with the order of non-compliance with Article 20(1)1 of the Assembly and Demonstration Act that the chief of the competent police station ordered the dispersion under Article 20(1)1 of the Assembly and Demonstration Act on the ground that “the National Assembly and Demonstration Party” is a place where demonstration is prohibited under Article 11 subparag. 1 of the Assembly and Demonstration Act (Article 24 subparag. 5 and Article 20(2) of the Assembly and Demonstration Act), as seen earlier, in combination with Article 20(2) and Article 20(1) of the Assembly and Demonstration Act, the constituent elements of Article 11 subparag.
(See Supreme Court Decision 2019Do2757, Jul. 9, 2020). 2. The lower court is among the facts charged in the instant case.