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The prosecutor's appeal is dismissed.
Reasons
1. Members of the C including the Defendant (hereinafter “C”) held the instant assembly at a place less than 100 meters away from the place of the first reported assembly. Although it is difficult to recognize the identity of the first reported assembly, the lower court erred by misapprehending the fact that it was not guilty of the facts charged, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The Defendant is a person who is working as a full-time representative C.
Any person who intends to hold an outdoor assembly or demonstration shall submit a report to the chief of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly or demonstration.
On February 14, 2012, from around 14:10 to 14:40 on the same day, the Defendant opened an outdoor assembly with the name of “C”, “Public Interest Force,” and “National Security Abolition Joint and Several Staff Members,” without reporting to the chief of the competent police station prior to the National Intelligence Service in Seocho-gu Seoul, Seocho-gu, Seoul. In the presence of 30 members, the Defendant held an outdoor assembly with the name of “Public Security M&D in front of an election for illegal manipulation, search, or seizure of the NIS.”
The above outdoor assembly reported the society using sound facilities, such as microfilms and spackers, and accordingly, the C Secretary F seized and seized 7 offices and home, etc. of the C Group D Group D D Group C Group D D Group D Bureau F. This statement to the effect that “The G government that was held in front of election, like the recent series of cases suspected violation of the National Security Act, is intended to create a public security country.” The CF statement to the effect that “The president of the H” executive branch “I cannot pay for the abuse of the National Security Act and the behavior of the members of the NIS that is being ahead of it, which recently abused the G government’s imprutly, and the J Twit K is being engaged in the war against the opposition against the Jeju naval Base D Group C.