The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. As to the violation of the Assembly and Demonstration Act among the facts charged in the instant case, as to the Defendant’s violation of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”), the traffic control tower listed by the Defendant constitutes an assembly place on the delivery of the traffic island, which is the place of the assembly reported. Meanwhile, Article 6(1)6 of the Assembly and Demonstration Act requires the report of the method only in the case of a demonstration, and does not impose a duty to report the method of assembly. Thus, if the method of assembly was conducted differently from the reported contents, the crime of violation of the Assembly and Demonstration Act is not established.

Nevertheless, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment.

B. The prosecutor (e.g., a fine of KRW 700,000) of the lower court is deemed to be too unhued and unfair.

2. Before deciding on the grounds for appeal by the Defendant and the prosecutor ex officio, the lower court, on the third trial day of the lower court, requested the prosecutor to change the “report on the assembly” of 11 of the indictment to the “report on the assembly and demonstration”, and the “the prosecutor held the assembly and demonstration” of the third half of the indictment in the indictment to “the prosecutor held the assembly and demonstration.” The Defendant and the defense counsel approved the modification of the indictment as above, and recognized the criminal facts in accordance with the facts charged prior to the modification of the indictment, even though the Defendant and the defense counsel approved the modification of the indictment as above, the lower judgment cannot be maintained in this respect.

However, the defendant's assertion of legal principles is still subject to the judgment of the court, despite the above reasons for reversal of authority.

3. Judgment on the misapprehension of the legal principle of the defendant

A. An outdoor assembly held in reality in light of the purport of the relevant legal doctrine and the reporting system under the Assembly and Demonstration Act.