All appeals are dismissed.

The grounds of appeal are examined.

1. The assembly subject to guarantee and regulation under the Assembly and Demonstration Act (hereinafter “Act”) refers to “temporary gathering at a certain place under the purpose of expressing that a specific or unspecified number of people form their common opinions and externally.” In addition, an assembly at a place with no ceiling or an erosion control not closed is likely to damage public safety and order in view of its location and width, form and number of participants, and purpose, character and method of assembly, etc., even if it is not a place where it is possible for the general public to freely pass.” This is also included in an assembly subject to guarantee and regulation under the Assembly and Demonstration Act.

However, in light of the fundamental ideology that guarantees the freedom of assembly, the contents and legislative purport of Articles 2 subparag. 1, 6 subparag. 1, and 22 subparag. 2 of the Assembly and Demonstration Act, etc., in cases where it is difficult to predict a situation in which the Defendants’ status, the number and composition of participants, the opening and accessibility of the place of assembly, and surrounding environment, etc. in contact with the outside of the general public, such as an unspecified number or the general public, may conflict with the legal interests of a third party, or undermine public peace and order, or where it is within the scope of general social order, it shall not be punished on the ground that an assembly held at a place without an outer ceiling or without an all-round closure (see Supreme Court Decision 2012Do1518, Oct. 24, 2013). 200