All appeals filed by the defendant and prosecutor are dismissed.

1. The lower court found the Defendant guilty of violating the Assembly and Demonstration Act on May 1, 2009 among the facts charged in the instant case, and sentenced a fine of KRW 300,000 to the Defendant, and sentenced the Defendant not guilty of the violation of the Act on the Assembly and Demonstration of May 30, 2008, and the violation of the Act on the Assembly and Demonstration of May 2, 2009, and the violation of the Act on the Assembly and Demonstration of May 2, 2009.

Accordingly, the defendant appealed against the guilty portion of the judgment of the court below on the ground of erroneous determination of facts, and the prosecutor appealed against the guilty portion on the ground of unfair sentencing on the ground of erroneous determination of facts as to the violation of the Assembly and Demonstration Act, injury, and obstruction of performance of official duties on May 2, 2009.

On the other hand, the prosecutor did not appeal against the violation of the Assembly and Demonstration Act on May 30, 2008 among the acquitted portion of the judgment below, and thus, the prosecutor was excluded from the object of the judgment of this court.

Therefore, the scope of the judgment of the court shall be limited to the guilty part of the judgment of the court below and the acquittal part of the violation of the Assembly and Demonstration Act of May 2, 2009, injury, and obstruction of performance of official duties.

2. Summary of grounds for appeal;

A. The Defendant did not have participated in the instant violent demonstration on May 1, 2009.

B. According to the evidence submitted by the prosecutor (1) misunderstanding of facts (1) (violation of the Act on the Assembly and Demonstration of May 2, 2009 among the acquitted portion, violation of the Act on the Assembly and Demonstration of May 2, 2009, injury, obstruction of performance of official duties), reporting information status of the demonstration on May 2, 2009, H et al., statements by related persons such as H et al., evidence collection photographs, motion pictures, etc., the defendant participated in the demonstration of this case on May 2, 2009 and committed each crime. However, the court below found the defendant not guilty on the ground that there is no evidence to acknowledge each of the facts charged on the ground that there is no evidence to acknowledge them only on the basis of some statements and indirect

(2) An unreasonable sentencing sentence (the part of the charge).