The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error or misunderstanding of legal principles) is merely that the defendant did the reporter association, and the act of proposing relief was conducted at the request of the reporter, and the reporter association of this case cannot be deemed to constitute an assembly, and the court below found the reporter association of this case guilty on the ground that the reporter association of this case constitutes an assembly. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. The purpose of the Assembly and Demonstration Act (hereinafter “Act”) is to ensure a proper balance between the guarantee of the right to assembly and demonstration and public peace and order by guaranteeing a legitimate assembly and demonstration to the maximum extent possible, and protecting citizens from unlawful demonstration.

(1) Article 1(2) of the Assembly does not have any definition as to the concept of the Assembly itself, but with respect to a demonstration, it is defined that the assembly is an act that affects the opinion of an unspecified number of people or is under pressure by leading many people to a place where the general public can freely pass, such as roads, squares, parks, etc., for common purposes, or by showing power or power (Article 2 Subparag. 2), and Article 3 provides that an outdoor assembly is guaranteed and regulated at the same time as a demonstration and its display.

In light of the contents and purport of the Assembly and Demonstration Act as above, an assembly subject to guarantee and regulation under the above Act refers to a temporary gathering of a specific or unspecified number of people at a certain place for the purpose of externally expressing an opinion by forming a common opinion.

In addition, the purpose of the Assembly and Demonstration Act stipulating that the chief of the competent police station should report certain matters in advance to hold an outdoor assembly or demonstration is legitimate by ascertaining the nature and scale of the outdoor assembly or demonstration in advance by the report.