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The judgment below
Of them, the part against Defendant A and B and the part against Defendant C arising from “the participation in night outdoor assembly” against Defendant C.
Reasons
1. After returning to Defendant C, the lower court found Defendant C guilty of all the charges charged against Defendant C, and sentenced Defendant C to a fine of KRW 300,000,000,000,000,000,000,000,000,000,000 won for the violation of the former Assembly and Demonstration Act (wholly amended by Act No. 8424, May 11, 2007; hereinafter “former Assembly and Demonstration Act”) due to the “violation of matters to be observed by participants in the assembly.”
On the other hand, Defendant C appealed and remanded the case before the remand. The judgment of the court prior to the remanding of the case is ex officio: “The defendant C was sentenced to a suspended sentence of two years and six months on February 18, 2008 to imprisonment with prison labor due to the injury, etc. caused by a special obstruction of performance of official duties, etc. at the Suwon District Court Sejong District Court, and the above judgment became final and conclusive on February 26, 2008.” In calculating the sentence, the part against the above defendant among the judgment below which did not reflect the final and conclusive judgment as above, was reversed ex officio
Accordingly, Defendant C appealed to the part of the judgment below prior to remand. The Supreme Court reversed this part of the charges against Defendant C, on the ground that the violation of the former Act due to the participation in the night outdoor assembly, constitutes a crime, and remanded to the trial, and dismissed the remainder of the appeal. Thus, the part on the violation of the former Act due to the violation of the Act by the participant in the assembly, was finalized.
Therefore, after returning to Defendant C, the subject of the party trial is limited to the above reversed and remanded part, that is, the violation of the former Act due to the participation in an outdoor assembly at night.
2. The summary of the grounds for appeal is described only in the part subject to adjudication after remanding the case among the original grounds for appeal by the Defendants.
A. Defendants 1 through 3 of the facts charged in this case’s assertion of mistake of facts.