The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The lower court’s sentence (2,00,000 won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The Defendant’s crime of this case is found to be disadvantageous to the Defendant, in light of the substance of the crime, such as attending a general competition among the public and occupying the road along with the participants in the assembly, after the police’s dispersion order, in excess of the place of assembly reported by the Defendant.

However, when considering the fact that the defendant led the assembly of this case or there is no active conspiracy to commit the crime of this case in advance, it is relatively insignificant that the defendant's participation in the crime of this case is relatively insignificant since he did not have any record of criminal punishment so far, the defendant's age, sex, environment, etc., and all other circumstances, which form the conditions for sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., the punishment of the court below against the defendant is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s trial testimony” to “a summary of evidence” as stated in the original judgment, the summary of the facts charged and the evidence is cited by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 185 of the Criminal Act, Articles 185 and 30 of the Criminal Act, and the choice of fines concerning the crime;

1. Penalty fine of 2,00,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one-day conversion amount: 100,000 won);

1. Article 59 (1) of the Criminal Act ( considered as a favorable condition to the defendant in the judgment of the court) of the suspended sentence;