Do 2015 4496 A. Violation of the Punishment Act (damage, etc. to Common Property)

B. Violation of the Assembly and Demonstration Act

(c) Interference with business;

1. (a). (c) A

2. A. (b) B

Defendant 1

Attorney C (to hear the defendant)

Incheon District Court Decision 2014Do3797 Decided March 11, 2015

July 29, 2016

all appeals shall be dismissed.

The grounds of appeal are determined.

1. “An assembly” subject to guarantee and regulation under the Assembly and Demonstration Act (hereinafter referred to as the “Assembly”) refers to “temporary gathering at a specific or unspecified place under the purpose of externally expressing the opinion,” and an assembly held at a certain place without any ceiling or all sides of which is not closed, regardless of its location and width, form and number of participants, and number of participants in the assembly, and the purpose and nature of the assembly and demonstration, which are not likely to disturb the public peace and order, should not be included in the assembly, which becomes an object of public peace and order under the Assembly and Demonstration Act, in light of the fundamental ideology of guaranteeing the freedom of assembly and order, the purport and purpose of the assembly and order of Article 2(1)6(2) of the Assembly and Demonstration Act, and the purpose and purpose of the assembly and order of Article 2(1)6(2) of the Assembly and Demonstration Act, which are not open to the general public, or are not open to the general public, within the scope of public peace and order.

2. In light of the various circumstances as indicated in the judgment below, such as the status of the defendant, the background leading up to the defendant's occupation of the string string string string string string string strings, the surrounding string strings, etc., the court below maintained the judgment of the first instance that found the defendant guilty of the violation of the Assembly and Demonstration Act among the facts charged against the defendant as to the violation of the Assembly and Demonstration Act, since the defendant's act of string string string string string string string string string strings without reporting to the chief of the police station under his jurisdiction and demanding the withdrawal of unfair dismissal, etc.

3. We affirm the reasoning of the original judgment in light of the legal principles as seen earlier and the evidence duly adopted. We do not err by misapprehending the legal principles on the assembly under the Assembly and Demonstration Act and the holding of outdoor assembly without filing a report, as alleged in the grounds of appeal.

4. Therefore, by unanimous opinion of all participating Justices, all appeals are dismissed. It is so decided as per Disposition.

Justices Kim Shin-chul

Chief Justice Park Poe-dae

Justices Park Poe-young

Justices Kwon Soon-il