The prosecutor's appeal is dismissed.

1. The reason for appeal that 40 persons, including the Defendant (misunderstanding of facts), were convened before and after the G Assembly reported by 40 persons including the Defendant, constitutes an assembly that clearly deviates from the reported scope and cannot maintain order.

The dispersion order issued by the director of the security division entrusted by the head of the Seoul police station at the end of Seoul is lawful pursuant to Article 20 (1) 5 of the Assembly and Demonstration Act (hereinafter referred to as the "Act").

The defendant's failure to comply constitutes a crime of the Assembly and Demonstration Act.

2. Determination

A. Article 20(1) of the Assembly and Demonstration Act provides that “The chief of the police officer in charge may demand voluntary dispersion of any of the following assemblies or demonstrations within a reasonable time and order dispersion if he/she does not comply with such demand.” Article 20(2) provides that “All participants shall immediately dissolve when the assembly or demonstration has been ordered to do so under paragraph (1).” However, in the interpretation of the relevant provision, when the chief of the police agency having jurisdiction over the issue of dispersion order, he/she shall give specific notice as to whether the grounds for dissolution falls under any of the subparagraphs of Article 20(1) of the Assembly and Demonstration Act.

Therefore, in the event that a dispersion order was issued without notifying specific grounds for dissolution or with notifying justifiable grounds, such dispersion order was not complied with.

Even if a person violates Article 20(2) of the Assembly and Demonstration Act

No one may conduct an outdoor assembly or demonstration (see Supreme Court Decision 2012Do14137, Mar. 13, 2014). Meanwhile, in a situation where the reported outdoor assembly or demonstration maintains its identity with that of the reported outdoor assembly or demonstration, it is deemed that the reported purpose, date, time, place, method, etc. violates Article 16 subparag. 4 subparag. 3 of the Assembly and Demonstration Act and constitutes the grounds for dissolution under Article 20 subparag. 1 subparag. 5 of the Assembly and Demonstration Act, but the same is beyond the extent recognized.