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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
2. The fine
Reasons
1. Summary of grounds for appeal;
A. 1) misunderstanding of facts or misunderstanding of legal principles as to obstruction of business: (a) although the Defendant entered the first floor underground of H document stores as stated in the judgment of the court below at the location as stated in the judgment of the court below, the court below found the Defendant guilty of the facts of the crime in its judgment although it was not an entry to purchase goods in the store, and did not interfere with the business operation of the victim J, the court below erred by misapprehending the facts, which affected the conclusion of the judgment. (b) The Defendant was in violation of the Assembly and Demonstration Act; (c) the Defendant did not hold an outdoor assembly after sunset without reporting as stated in the judgment of the court below at each time as stated in the judgment of the court below in the judgment of the court; (d) although the Defendant held a culture agenda to screen video works to inform the unfairness of the group of non-regular workers of J-regular workers, the court below found the Defendant guilty of each of the facts of the crime in its judgment. The court below erred by misapprehending the facts as to the assembly and Demonstration Act (hereinafter “Act”)
B. The lower court’s sentencing (five million won by fine) against the Defendant claiming unreasonable sentencing is too unreasonable.
2. Ex officio determination
A. We examine ex officio the holding of an outdoor assembly at night, and the Constitutional Court following the pronouncement of the lower judgment following the pronouncement of the lower judgment does not coincide with the Constitution with the part on “an outdoor assembly” under Article 10 of the Assembly and Demonstration Act and the part on “an outdoor assembly” under Article 23 Subparag. 1 of the main sentence of Article 10 of the Assembly and Demonstration Act. The above provisions shall continue to apply until the legislative amendment is made by the beginning of June 30, 2010.” Of the reasoning, the above provisions of the law shall cease to have effect from July 1, 2010 if the legislative amendment was not made by the day above.