The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Judgment ex officio is made.

1. The lower court found the Defendant guilty of the part of the facts charged in the instant case due to the participation in the night demonstration by applying Article 23 subparag. 3 and the main text of Article 10 of the Assembly and Demonstration Act (wholly amended by Act No. 8424, May 11, 2007; hereinafter “the Assembly and Demonstration Act”).

However, the Constitutional Court rendered a decision on March 27, 2014 that in the case of Articles 2010Hun-Ga2, 2012Hun-Ga13 (Joint) and 2012Hun-Ga13 (Joint) of the Assembly and Demonstration Act, Article 10 of the Assembly and Demonstration Act and Article 23 Subparag. 3 of the same Act concerning “ Demonstration” shall be deemed to be in violation of the Constitution, as long as the provisions regarding “ Demonstration” in Article 10 of the Assembly and Demonstration Act and Article 23 Subparag. 3 of the same

Notwithstanding the form of expression in the text, the above decision of the Constitutional Court shall be deemed to be a partial unconstitutional intent of Article 47 of the Constitutional Court Act that "from the truth-finding to the 24th day of the same day" is in violation of the Constitution, and thus, it shall have the effect as a decision of unconstitutionality under Article 47 of the Constitutional Court Act.

Therefore, the part concerning the “ Demonstration” under the Article 47(2) of the Assembly and Demonstration Act, which read “from the sunset to the 24th day of the same day,” is retroactively invalidated pursuant to the proviso of Article 47(2) of the Constitutional Court Act. Therefore, this part of the facts charged charged, which was charged by applying the above Article, constitutes a case where the crime is not committed.

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged was eventually unable to be maintained.

2. As long as the crime of violation of the Act due to participation in the night demonstration is reversed, the general traffic obstruction (see, e.g., Supreme Court Decision 2008Do10960, Aug. 25, 201); and the lower court determined that the crime of violation of the Act due to participation in the night demonstration and the general traffic obstruction are in a substantive concurrent relationship with each other; and the remaining crimes against which one imprisonment is imposed shall also be reversed.

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