The judgment below is reversed, and the case is remanded to the Ulsan District Court.

The grounds of appeal are examined.

1. Regarding the prosecutor's grounds for appeal

A. Even if Article 20(1)1 and 2 of the Assembly and Demonstration Act (hereinafter “the Act”) does not stipulate separate dispersion requirements while ordering dissolution of “an assembly or demonstration in violation of the main sentence of Article 10” and “an assembly or demonstration which has not been reported pursuant to Article 6(1)” as a result of non-compliance with the dispersion order issued on June 12, 201 (hereinafter “the first H related order”), it may be subject to voluntary dispersion order pursuant to Article 24 subparag. 5 of the Act only if it clearly poses a direct danger to the other person’s legal interest or public peace and order, and only if it refuses to comply with the dispersion order issued on April 19, 2012, the order may be punished pursuant to Article 20 subparag. 1 and 2 of the Act (see, e.g., Supreme Court Decision 2010Do6381, Apr. 19, 2012).

“.......”

Article 17 of the Enforcement Decree of the Assembly and Demonstration Act (hereinafter referred to as the "Enforcement Decree of the Assembly and Demonstration Act") upon delegation by the police officer, when intending to dissolve an assembly or demonstration pursuant to Article 20 of the Act, a public official of the competent police officer or a public official of the national police officer who has been authorized by the head of the competent police officer shall comply with the following order:

Provided, That in cases of an assembly or demonstration under Article 20 (1) 1, 2, or 4 of the Act and where the organizer, the person responsible for liaison with the organizer and the person responsible for the maintenance of order do not hold the place of assembly or demonstration, the request for conclusion declaration may be omitted.

“The request for conclusion declarations in each subparagraph shall be made, and the request shall be made voluntarily to the direct participants in the event of failure to comply with the request or continuation of an assembly or demonstration despite the conclusion declarations, and shall be made voluntarily.