일반교통방해
All the judgment below is reversed.
Defendants shall be punished by a fine of KRW 200,000.
The above fines are imposed by the Defendants.
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles (1) Defendants were merely aware that they were simple participants, not the organizer of the instant assembly, and that they were legally engaged in the instant assembly based on the reported route, and there was no intention to interfere with traffic.
(2) At the time of the Defendants occupying the road, the police already controlled the traffic by installing a garage, etc., and there was no vehicle traffic flow. Therefore, it cannot be said that the traffic of the vehicle was obstructed by the act of the participants, such as the Defendants, etc.
(3) The Defendants’ act constitutes a legitimate act, as it exercises fundamental rights based on the freedom of assembly guaranteed by the Constitution.
B. The sentence imposed by the lower court on the Defendants (a fine of KRW 500,000) is too unreasonable.
2. Determination
A. (1) Determination of the assertion of mistake of facts or misapprehension of legal principles on the assertion of general traffic obstruction under Article 185 of the Criminal Act is a crime under which the general public’s legal interest is protected by the law, and its purpose is to punish all acts making it impossible or remarkably difficult to pass by causing damage to land, road, etc. or interference with traffic by other means. The general traffic obstruction is a so-called abstract dangerous crime that is impossible or considerably difficult to pass by means of traffic, and the result of traffic obstruction should not be practically caused.
(see, e.g., Supreme Court Decisions 95Do1475, Sept. 15, 1995; 2004Do7545, Oct. 28, 2005). In addition, in light of the provisions of the Assembly and Demonstration Act and the legislative intent of the Assembly and Demonstration Act, in a case where an assembly or demonstration is conducted on the road after completing a lawful report, the traffic of the road may be restricted to any extent. Thus, the scope of the report is that the assembly or demonstration was conducted within the reported scope or it was conducted differently from the reported contents.