일반교통방해
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the defendant's punishment (700,000 won in penalty) declared by the court below.
2. We examine ex officio the grounds for appeal by the prosecutor ex officio before determining the grounds for appeal.
A. On November 14, 2015, the Defendant: (a) attended the Korean Workers’ Congress and the Korean Workers’ Congress among the public (hereinafter “instant assembly”) held at the Seoul Viewing plaza around 14:00 on November 14, 2015; and (b) opened two lanes prior to the eight-lane of the conference at around 16:30, with the number of participants at around 10,000; (c) started driving along the erode of the erode of the erode of the erode of the luminous language, and moved along from 3 A to 16:55, the Defendant interfered with the traffic of the vehicle by moving along the two lanes as the end.
Accordingly, the Defendant conspired with the above participants in the assembly and interfered with traffic.
B. The lower court found the Defendant guilty of the instant facts charged by integrating the evidence presented in its judgment.
(c)
In light of the legislative intent of the Act on Assembly and Demonstration of the relevant legal principles, the traffic of the road may be limited to the extent of the road when a legitimate report is completed and an assembly or demonstration is conducted on the road. Therefore, in a case where the assembly or demonstration was conducted within the reported scope or is conducted differently from the reported contents, if the reported scope is not remarkably deviating from the reported scope, the traffic obstruction was caused thereby.
Even if there are no special circumstances, it cannot be deemed that a crime of interference with general traffic under Article 185 of the Criminal Act is established.
However, in a case where the assembly or demonstration significantly deviates from the scope of the original report or interferes with road traffic by seriously violating the conditions under Article 12 of the Assembly and Demonstration Act, thereby making it impossible or considerably difficult to pass through the assembly or demonstration, it constitutes a crime of interference with general traffic (see, e.g., Supreme Court Decision 2006Do755, Nov. 13, 2008).