(a) The sentence of a fine of three million won in the first instance of the inspection (a fine) is deemed to be too unhued and unreasonable;

B. As to Defendant 1’s general traffic obstruction as of April 16, 2015 and April 18, 2015, the police first installed a parking wall and controlled vehicles at the time, and only the Defendant reported that other participants occupy a studio, and that the participants were in accord with the large order of participants at the assembly. Since the Defendant did not engage in any direct act causing traffic obstruction, he does not support the joint principal offender’s liability in light of the degree of involvement or the circumstances leading up to participation. ② As to the general traffic obstruction as of May 1, 2015, the Defendant reported that the participants occupy the road on the same day and agreed to organize the road, and did not do any direct act that causes traffic obstruction, and thus, the Defendant did not support the joint principal offender’s liability. Moreover, the Defendant’s excessive traffic obstruction at the assembly, which cannot be deemed to have been an unfair act of the Defendant at the time of the assembly.

2. Determination:

A. In light of the legal principles as to the Defendant’s assertion of misapprehension of the legal principles and legislative intent of the Assembly and Demonstration Act, in a case where an assembly or demonstration was conducted within the reported scope or was conducted differently from the reported contents, barring any special circumstance, in a case where traffic obstruction is not significantly exceeded the reported scope, such assembly or demonstration cannot be deemed to constitute a general traffic obstruction under Article 185 of the Criminal Act, barring any special circumstance. However, in a case where the assembly or demonstration was considerably deviating from the reported scope or seriously violating the conditions under the provisions of the Act, thereby making it impossible or considerably difficult to pass by interfering with road traffic.