All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (as to Defendant 1’s violation of the Punishment of Minor Offenses Act), the lower court found the Defendant guilty of violating the Punishment of Minor Offenses Act on the following grounds. ① The Defendant did not spawn the leaflet as stated in the instant facts charged and collected all the leaflets, and thus, cannot be regarded as a violation of the Punishment of Minor Offenses Act. ② Even if not, the Defendant’s act of distributing the leaflet is a collective act related to the increase of the minimum wage that requires the improvement of working conditions of part-time workers, and thus, its illegality is excluded as a justifiable act that does not violate social rules. ② The sentence (100,000 won) imposed by the lower court of unfair sentencing is excessively unreasonable.

B. In light of the fact that the assembly of this case by the Defendant, etc. falls under the so-called dampness assembly, and the Defendant created relief in H Dong and flaceded with C, and subsequently spreaded the leaflet, etc., the Defendant may be deemed to have held the assembly of this case in collusion with C, etc., in order to hold the assembly. Nevertheless, the lower court acquitted the Defendant of violating the Assembly and Demonstration Act on the ground that there is insufficient evidence to prove that the Defendant is a co-principal of the organizer of the assembly of this case or a co-principal of the act of holding the assembly of this case. 2) The sentence of unfair sentencing sentenced by the lower court is too unjustifiable, and thus unfair.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant's assertion of mistake of facts or misapprehension of legal principles as to the defendant's assertion of mistake of facts, and about 200 the former part of the facts charged in the instant case with other participants in the instant assembly