The judgment below

Part on the violation of the Assembly and Demonstration Act shall be reversed.

Of the facts charged in the instant case.

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (the imprisonment of six months, the suspension of the execution of two years, and the fine of one million won) is deemed to be undue and unreasonable.

B. Defendant 1) Of the lower judgment, the lower court found Defendant 1 guilty on the part of the general traffic obstruction part of the lower judgment (2014 high group 1351) without deliberating on whether the Defendant significantly deviates from the behind the assembly reported on the road, the background and degree of the Defendant’s participation, and whether the Defendant’s direct act causing traffic obstruction. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

2) Of the judgment of the court below, the part of the violation of the Assembly and Demonstration Act (2014 high 2941 high 2941) found the defendant guilty on the ground that the defendant did not correspond to the organizer of an outdoor demonstration on July 24, 2009, the court below erred by misapprehending the facts or by misapprehending the legal principles.

2. Determination

A. Of the lower judgment, as to the Defendant’s assertion of mistake and misapprehension of legal doctrine as to the charge of interference with general traffic in the part of the lower judgment (2014 high group 1351), all citizens are guaranteed the freedom of assembly or demonstration as stipulated under Article 21(1) of the Constitution.

However, in particular, since an assembly or demonstration on the road may conflict with the public interest such as traffic rights and smooth traffic flow, it is necessary to ensure the maximum of the rights of the assembly and demonstration, and at the same time, to ensure proper harmony so as not to infringe on the public safety and order including smooth traffic flow of the general public.

Accordingly, Article 6(1) of the former Assembly and Demonstration Act (amended by Act No. 13834, Jan. 27, 2016; hereinafter “former Assembly and Demonstration Act”) provides that a person who intends to hold an outdoor assembly or demonstration shall submit to the head of the competent police station a report stating the purpose, date, time, place, the person scheduled to participate, the source of participation, methods of demonstration, etc., and Article 12(1) of the same Act.