1. Of the facts charged in the instant case, the summary of the general traffic obstruction by June 16, 2012 is as follows: (a) the Defendant conspired with other participants by occupying all lanes of the said road along with other participants who participated in a 's walking event held by the Seodaemun-gu Seoul Western Library on June 16, 2012 at the right time on the side by the Twit-dong, Seodaemun-gu, Seoul at the right time on the road; and (b) using a kicket stating a relief order, thereby obstructing the traffic of vehicles by interfering with the traffic of the vehicle.

2. According to the reasoning of the judgment below, the court below upheld the judgment of the court of first instance that acquitted the above charges on the grounds that it cannot be deemed that the defendant interfered with the traffic of the land and thus makes it impossible or considerably difficult for him to pass through the road.

3. However, it is difficult to accept the above determination by the court below for the following reasons.

A. The purpose of Article 185 of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass through by causing damage to or infusing land, etc., or interfering with traffic by other means, as an offense, the protection of the legal interest of which is the general traffic safety of the general public (see, e.g., Supreme Court Decision 2014Do1926, Jul. 10, 2014). Moreover, the obstruction of general traffic constitutes an abstract dangerous crime, and thus, the traffic obstruction is impossible or considerably difficult if it falls under the so-called abstract dangerous crime, and the result of traffic obstruction does not necessarily have to be practically caused (see, e.g., Supreme Court Decision 2006Do4662, Dec. 14, 2007).

B. The following circumstances revealed by the evidence duly adopted by the first instance court, i.e., the following: ① the above library installed next road only at the intersection of the railroad and the roadway, and the other parts are installed separate from the roadway; ② the participants who participate in an assembly of about 500 persons, including the defendant, are passing through three lanes near the west basin in the front of the road between June 16, 2012 and the front of the road between 16:20 and 16:24, while multiple participants, including the defendant, including the above library moved along the front road along the direction of the center, it seems impossible for them to pass through the road or pass through the National Police Agency as well as the vehicle to pass through the intersection installed under the high-priced waterworks business headquarters or the vehicle to cross the road to cross the road to the National Police Agency. However, considering the fact that the above situation of the participants in an assembly, including the defendant, appears to have been impossible or difficult for them to pass through the road without the jurisdiction of the chief of the police station.

Nevertheless, the court below erred by misapprehending the legal principles on the obstruction of general traffic, thereby making a judgment on not guilty of the defendant solely on the grounds as stated in its reasoning.

4. Therefore, the part of the judgment of the court below which acquitted is reversed. Since the part which the court below found the guilty and the not guilty guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be imposed. Thus, the whole judgment of the court below is reversed and the case is remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent

Chief Justice Min Il-young

Justices Park Young-young

Justices Kim Jong-il