The judgment below

Among them, the part of the violation of the former Act due to the participation in the prohibition time of outdoor assembly and demonstration against Defendant A.

After remanding, the lower court found the Defendant guilty of all the charges charged against the Defendant, and sentenced the Defendant to imprisonment for a year and six months, a suspended sentence of three years, and a fine of 300,000 won.

On the other hand, the court below reversed the judgment of the court below on the ground that it rendered a single sentence by treating the violation of the Road Traffic Act and the remaining convictions of the defendant as concurrent crimes under the former part of Article 37 of the Criminal Act among the facts charged against the defendant by receiving part of the defendant's appeal and receiving part of the defendant's appeal.

As to the conviction portion, the Defendant appealed to the acquittal portion, and the Supreme Court reversed ex officio the part of the violation of the former Act due to participation in the outdoor assembly and demonstration prohibition time among the facts charged against the Defendant, on the ground that it does not constitute a crime, and reversed the part of the violation of the former Act due to participation in the outdoor assembly and demonstration prohibition time, and reversed the part of the violation of the former Act as to the Defendant’s violation of the Road Traffic Act, which was found guilty in the judgment prior to the remand sentenced to a single fine due to concurrent crimes as prescribed in the former part of

Therefore, the trial after remanding the case shall be tried on the violation of the former Assembly and Demonstration Act due to participation in the outdoor assembly and demonstration prohibition time, which is the remaining part of the facts charged against the defendant, and the violation of each Road Traffic Act which was found guilty before the remanding of the case.

The court below determined ex officio by applying Article 20 subparag. 3 and the main text of Article 10 of the former Assembly and Demonstration Act (wholly amended by Act No. 8424, May 11, 2007; hereinafter “former Assembly and Demonstration Act”), among the facts charged in this case, the court below was the Gu’s organization due to the participation in night outdoor assembly and demonstration in Defendant A.