The prosecutor's appeal is dismissed.

1. Article 11 subparag. 1 of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) prohibits an outdoor assembly absolutely at a place within 100 meters from the boundary of the National Assembly’s office building. The above provision is a constitutional provision that recognizes the legitimacy of the legislative purpose, the appropriateness of the method, the minimum of infringement and the balance of the legal interests and interests.

In violation of the above provision, the defendant participated in assemblies, such as holding demonstration goods and holding reliefs, on the pretext of holding a press conference in front of the National Assembly, and the chief of the competent police station did not comply with the lawful dispersion order. Therefore, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of legal principles.

2. Determination

A. The summary of the facts charged is that Defendant A is the co-chairperson of the “C organization” and Defendant B is the head of the F Branch of the Korea Trade Union E branch.

1. No person shall hold any outdoor assembly or demonstration in a place within 100 meters from the boundary of the National Assembly’s office building;

Nevertheless, at around 11:25 of the G date, the Defendants: (a) put up a banner with 20 members of the F branches Association and H groups as well as 20 members of the F branches Association in India prior to the fixed office building of the National Assembly of Yeongdeungpo-gu Seoul Metropolitan Council; and (b) laid down a relief of “J”, “K”, and “K.”

As a result, the Defendants conspired with the above participants in the assembly and participated in the assembly held within 100 meters from the boundary of the National Assembly, the place where the assembly is prohibited.

2. The Defendants in violation of the Assembly and Demonstration Act (non-compliance with a dispersion order) shall request voluntary dispersion at around 11:36, on the ground that the director of the security division ordered by the head of the Seoul Young Military Police Station for an assembly held in front of the office building of the National Assembly, which is the place where assembly is prohibited, “an assembly held at a place where assembly is prohibited” as referred to in the preceding paragraph, and order of voluntary dispersion at around 11:45