The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the violation of the Assembly and Demonstration Act among the facts charged in this case of mistake of facts and misapprehension of legal principles, the assembly of this case in which the defendant participated was reported to use the two-lanes, but actually occupied the whole-lanes, so the scope of the reported place, etc. is clearly deviating from the scope of the assembly. At the time of this case, the issue of whether the director of the security division of the South Seodaemun Police Station ordered dissolution on the ground of the unreported meeting, but the unreported meeting is merely a quantitative difference, rather than a qualitative distinction, and it is difficult to judge it on the spot, so it is difficult to judge it on the spot, so it is too form and logic that it is difficult to issue the legality of the dispersion order, and therefore, it is difficult for the participants of the assembly to recognize the dispersion order on the ground that it is an assembly beyond the scope of the report clearly even if they were viewed as the cause of dissolution of the unreported meeting. Thus, the dispersion order in this case is legitimate and the defendant's act of violating the Assembly and Demonstration Act on this premise constitutes a crime.

B. The sentencing of the first instance court (the fine of KRW 500,000, the suspended sentence) on the obstruction of general traffic by the defendant on the grounds of unfair sentencing is too uneasible and unfair.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, Article 20(1) of the Assembly and Demonstration Act (hereinafter “the head of the competent police authority”) provides that “The head of the competent police authority may demand voluntary dispersion of any of the following assemblies or demonstrations within a reasonable period of time, and order dispersion if such demand is not complied with” (Article 5(1), the main sentence of Article 10, or Article 11), and subparagraph 1 thereof (Article 6(2).