The judgment below

The part concerning Defendant A and B and the part concerning Defendant C due to the participation in the night outdoor assembly against Defendant C.

1. The appeal by the defendant A and B, and the appeal by the defendant C on the violation of the former Assembly and Demonstration Act due to the defendant C’s night outdoor assembly or demonstration’s participation.

In applying Article 20 subparag. 1, 3, and the main text of Article 10 of the former Assembly and Demonstration Act (wholly amended by Act No. 8424, May 11, 2007; hereinafter “former Assembly and Demonstration Act”), the lower court found Defendant A guilty of all of the facts charged in the instant case due to Defendant A’s participation in the night outdoor assembly and demonstration and the part resulting from Defendant B and C’s participation in the night outdoor assembly and demonstration.

However, the Constitutional Court rendered a decision on April 24, 2014 that “The main sentence of Article 10” in Article 10 and Article 20 subparag. 3 of the former Assembly and Demonstration Act is in violation of the Constitution, which applies to each outdoor assembly or demonstration from sunset to 24 days from sunset.”

In spite of the form of expression in the text, the above decision of the Constitutional Court is deemed to be in violation of the Constitution, since the part concerning “an outdoor assembly or demonstration” under the above provision of the former Assembly and Demonstration Act, which “from sunset hours to twenty-four days before the same day,” is deemed to have been partly unconstitutional. Therefore, it is effective as a decision of unconstitutionality under Article 4

In addition, Article 20 of the former Assembly and Demonstration Act is based on the common punishment for the part of the night outdoor assembly or demonstration under the main sentence of Article 10 of the former Assembly and Demonstration Act. However, the statutory punishment differs depending on whether the person who hosts an outdoor assembly or demonstration at night (Article 10 subparagraph 1) is a simple participant (Article 3). The above decision of the Constitutional Court is against the participants as provided in Article 20 of the former Assembly and Demonstration Act, but the above part of the outdoor assembly or demonstration at night is decided as unconstitutional for the above time out of the night outdoor assembly or demonstration under the main sentence of Article 10 of the former Assembly and Demonstration Act. Thus, the above decision of the Constitutional Court