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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. As to the general traffic obstruction portion, the lower court upheld the first instance judgment that acquitted the general traffic obstruction portion among the facts charged in the instant case on the grounds that there is no proof of crime.
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the elements for establishing general traffic obstruction and joint principal offenders
2. As to the violation portion of the Assembly and Demonstration Act
A. The Constitutional Court rendered a decision of inconsistency with the Constitution that “The part concerning “the National Assembly Assembly Assembly Assembly Assembly Decision” in Article 11 subparag. 1 of the Assembly and Demonstration Act (wholly amended by Act No. 8424, May 11, 2007; hereinafter “the Assembly Decision”) and Article 11 subparag. 1 of the same Act in Article 23 shall not be in conformity with the Constitution,” and “the above provision of the Act shall continue to apply until it is amended by December 31, 2019,” and “the above provision of the Act shall continue to apply until it is amended by the time limit of December 31, 2019” [the Constitutional Court Decision 2013Hun-Ba322, 2016Hun-Ba354, 2016Hun-Ba354, 2017Hun-Ba360, 471, 2018Hun-Ga34, 2018, 394, etc., and hereinafter “the Act”).
B. The Constitutional Court’s ruling of inconsistency with the Constitution is a modified form that does not stipulate the Constitution and the Constitutional Court Act, but constitutes a decision of unconstitutionality as to legal provisions.
[See Supreme Court Decision 2004Do7111 Decided January 15, 2009, Constitutional Court Decision 2003HunGa1, 2004HunGa4, May 27, 2004, etc.] Article 23 subparag. 3 of the Assembly and Demonstration Act provides that Article 11 of the Assembly and Demonstration Act shall be violated, and Article 24 subparag. 5 of the Assembly and Demonstration Act shall be combined with Article 20(2) and (1) of the Assembly and Demonstration Act.