The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the violation of the code of conduct under the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”), the Defendant did not have been in a situation where the participants could not control the movement of the participants at the time of the instant case, but rather, the participants engaged in the assembly at night under the Defendant’s planning and leading. Thus, the Defendant committed an act clearly deviating from the scope of the place, method, etc. originally reported as the organizer of the assembly.

B. As to the non-compliance with an order of dispersion under the Assembly and Demonstration Act, it was lawful that the instant order of dispersion may result in traffic obstruction or a clear danger to public order, since the participants in the assembly moved to the direction of passage and the opposite direction by occupying one lane, and thus, there may be danger of traffic accidents between the participants and vehicles, etc., and it may result in traffic obstruction, such as a rapid reduction of speed or change of the lanes, etc., due to concerns over collisions between the participants in the assembly and the vehicles. Therefore, it is lawful that the instant order of dispersion may result in traffic obstruction or a clear danger to public order.

2. Determination

A. If the issue is whether an outdoor assembly or demonstration held after the report exceeds the scope of the report, or should be deemed an outdoor assembly or demonstration that has not been reported beyond the degree of identity, as to the violation of the rules for organizers, is in question, the purport of Article 21(2) of the Constitution declaring that “the permission to hold an assembly shall not be recognized,” and the purport of Article 21(2) of the Constitution declaring that “the permission to hold an assembly or demonstration shall not be granted,” the nature and size of the outdoor assembly or demonstration shall be grasped in advance, thereby protecting legitimate outdoor assembly or demonstration, and the measures to maintain public safety and order together, such as preventing risks to public safety and order, are to be taken.