The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that from the date of this judgment.

1. Summary of grounds for appeal;

A. Defendant 1) As to the crime of violation of the Act on Assembly and Demonstration (hereinafter “Act at the time of conference”), the Defendant’s defense counsel held on April 6, 2016 in the statement of pleading, which was held on April 6, 2016, and (1) in the case of an assembly which started 24:0 o’t and ends after 24:0 o’t, the lower court separated it and held an outdoor assembly on the part after 24:0 o’t, and held an outdoor assembly on the part after 24:0 o’t

2. The court below found the defendant who is not the representative of an organization as the organizer and found the defendant guilty as the organizer in the absence of the responsibility of the organizer as the representative in the event that the organization hosts an assembly or demonstration.

The argument was asserted.

However, each of the above arguments cannot be deemed a legitimate ground for appeal due to a new argument that was filed after the lapse of the period for filing the appeal.

Even if ex officio, the lower court found the Defendant guilty of the crime by applying Articles 22(2) and 6(1) of the Assembly and Demonstration Act, and found the Defendant guilty of only the subsequent parts on the basis of 24 cc as otherwise alleged by the defense counsel, and it cannot be deemed that the Constitutional Court’s 2010 Hun-Ga2, 2012 Hun-Ga2, 2012 Hun-Ga2, 13 (merger) did not affect the effect of the unconstitutional decision of unconstitutionality until the Constitutional Court under Articles 22(2) and 6(1) of the Assembly and Demonstration Act, and there is an error of law by misapprehending the legal doctrine on the above judgment of the lower court, which affected the conclusion of the judgment.

shall not be deemed to exist.

(2) In addition, a person who has conspired to implement an outdoor assembly or demonstration through a joint processing intent and a functional control over the functional action based on his/her common intent with respect to the hosting of an outdoor assembly or demonstration shall be against the activities of hosting an outdoor assembly or demonstration not reported by another accomplice.