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All appeals filed by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendants 1) 2012 Go-Ma640 Criminal facts constituting the instant assembly is not for the purpose of opposing the construction of a golf course, but for the purpose of an interview with the Governor of Gangwon-do. Thus, according to the Supreme Court precedents that explained the criteria for determining an assembly, the assembly cannot be deemed an outdoor assembly subject to reporting under the Assembly and Demonstration Act. 2) The holding of an assembly in a Do office building, not for which an outdoor assembly is prohibited, is legitimate and justifiable, and there is no reasonable ground to control the Defendants’ access due to the Defendants’ acts.
In other words, the defendants' request for interview with the Do Governor is not an act deviating from legitimate usage, so the entrance to the Do governor itself cannot be prohibited.
In addition, the AB director of the Gangwon-do Office has committed an illegal act that does not comply with the direction of the Gangwon-do Governor to actively respond to the residents' meetings.
On the other hand, the defendants asserted in the court below the illegality of refusing access by public officials of Gangwon-do and the legitimacy and legitimacy of the defendants' act, but the court below did not judge it.
3) Article 2012 Godan640 Criminal facts(3) of the 2012 Godan640 Criminal facts (the misunderstanding of legal principles and the misunderstanding of facts) ① cannot be deemed as having been specified in the facts charged because the time and place of Defendant D’s act was not specified, and ② the victim W/X was not in the position of injury. ③ Furthermore, Defendant D was in a state of temporary and sudden interest at the time of the instant crime, and thus constitutes a mental and physical disability. (4) 4) 2012 Godan640 Criminal facts of the 2012 Godan640 Criminal facts (Law No. 51 of the evidence record) (the evidence No. 51) out of the evidence supporting evidence presented by the lower court as the summary of the evidence in the instant case
② At the time, the Defendants’ act was committed.