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(영문) 대법원 2019.08.29 2016도1869
일반교통방해등
Text

The judgment below

The guilty part is reversed, and that part of the case is remanded to the Seoul Western District Court.

. Prosecutors;

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

A. As to the part of violation of the Assembly and Demonstration Act due to a dispersion order (hereinafter “the Act”), Article 20(1) of the Act provides that the head of the competent police authority may demand voluntary dispersion within a considerable period of time with respect to any of the following assemblies or demonstrations, and if such demand is complied with, he/she may order dispersion. Article 20(2) of the Act provides that all participants shall immediately dissolve when an assembly or demonstration is ordered to do so. In light of the interpretation of the relevant provisions, if the head of the competent police authority orders the dispersion, he/she shall specifically notify whether the cause for dissolution falls under any of the subparagraphs of Article 20(1) of the Act. Therefore, if a specific reason for dispersion was not notified while an order for dispersion was issued, or a dispersion order was issued with the notice of a justifiable reason, it cannot be said that the Defendant violated Article 20(2) of the Act even if he/she did not comply with such order, such as an order for dispersion, and that the Defendant’s order for dispersion cannot be seen as having been issued with the applicable provisions of the Act.

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