A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

A. Defendant (i) at the time of misunderstanding of the facts or legal principles, there was no perception that the police already cut off the roadway and control the traffic, and the Defendant did not have an intention to obstruct the general traffic, and thus, there was no intention to interfere with traffic, and considering the motive and background of the case, and the purpose of conjection and unconstitutionalizing to the branch office at the end of March 1, the Defendant’s act is dismissed as a legitimate act that does not go against social norms.

Nevertheless, the first instance court erred by misunderstanding facts or by misunderstanding legal principles, which affected the conclusion of the judgment by sentencing the defendant guilty.

Shebly the sentence sentenced by the first instance court (the penalty amounting to KRW 1,000,00) is too unreasonable.

B. In light of the seriousness of the prosecutor's case (unfair sentencing), the defendant's like the same power, the defendant's attitude without any string, and the necessity of strict punishment for the criminal who committed an illegal assembly or demonstration, etc., the sentence of the first instance court is too uneasible and unfair.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and examined by the first instance court on the Defendant’s assertion of misunderstanding the facts and legal principles, namely, ① general traffic obstruction is a so-called “a crime of abstract danger,” and the traffic is impossible or substantially difficult, and the result of traffic obstruction is not likely to occur. ② When the Defendant moved along with the participants in the assembly with the vehicle in the narrow door and was driven by the police, the vehicle walls of the police were obstructed. As the Defendant was cut off, the vehicle walls of the police were installed while the vehicle was driven along with the vehicle in the narrow door door door, the vehicle 2 in the erodoro-ri ju-ri, the eroter 3 aroter-ri-ri, the eroter-ri-ri, the ero-ri 3 lanes was driven in the direction of three streets, and the vehicle 3 aro-ri to the direction of the road in front of Seoul YMCA, making it impossible or considerably difficult to drive the vehicle as such.