The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles), each evidence submitted by the prosecutor submitted by the prosecutor, the defendant, as the representative of the J (hereinafter referred to as the “K”) on September 26, 2013, is the organizer of the “Resolution for Teachers of the Seoul Special Metropolitan City Teachers’ Voting for Dempicization of Dempicization of Dempic,” and therefore, even though the defendant is obligated to maintain order during an assembly pursuant to Articles 16 and 25 of the Assembly and Demonstration Act (hereinafter referred to as the “Assembly Act”), it is sufficiently recognized that the defendant led an outdoor demonstration exceeding the scope of the initial report by failing to restrain the participants of the outdoor assembly, while moving to the Seoul Viewing square and following the assembly, in order to promote food productivity.

2. Determination:

A. The purport of the relevant legal principles and the enforcement decree of the Act is that the head of the competent police station intends to protect outdoor outdoor assemblies or demonstrations by ascertaining the nature and scale of outdoor assemblies or demonstrations by the report in advance, and to prepare prior measures to maintain public safety and order by preventing infringement of the interests of others or communities through outdoor assemblies or demonstrations. In light of the fact that an outdoor assembly or demonstration held in reality constitutes “an act clearly deviating from the scope of the reported purpose, date, time, place, method, etc.,” the scope of the outdoor assembly or demonstration should be determined by whether the outdoor assembly or demonstration beyond the bounds anticipated by the report clearly makes it extremely difficult to achieve the purpose of the report system. In determining this, the freedom of assembly or demonstration is a citizen’s fundamental right guaranteed by the Constitution, and the organizer of the assembly, etc., as the organizer of the assembly, etc., only if it is difficult to anticipate all the detailed matters of the method of the assembly or demonstration in advance and if it is inevitable to change the method in the process.