A. 1) The Defendant has participated in the demonstration before self-determination at the time of the instant case, but there was no fact that the Defendant participated in the night demonstration after self-determination. 2) The Defendant occupied the lane and did not interfere with traffic, and there was no perception or predictability as to traffic obstruction, and there was no evidence to support that the Defendant’s act was impossible to communicate the vehicle at the time of the instant case.

3) Nevertheless, the lower court found guilty of the facts charged in the instant case by misunderstanding the facts. (B) The Constitutional Court rendered a partial decision on the part of the night demonstration under the Assembly and Demonstration Act, and the lower court accordingly punished the subsequent demonstration based on 24/300. As such, criminal punishment by applying the Acts and subordinate statutes, which are partially unconstitutional, violates the principle of clarity in penal provisions, and cannot expect the people to comply with the Acts and subordinate statutes which are partially unconstitutional.

Therefore, the court below erred by misapprehending the legal principles that found the defendant guilty of night demonstration by applying the law of partial unconstitutionality.

2. On the day of the instant case, the police seems to have applied the above provision of the law, which is part of the Constitution, to prohibit night assemblies and demonstrations, but under the condition that legitimate assemblies and demonstrations are not guaranteed, the police cannot expect the lawful acts such as lawful acts in the situation where the assemblies and demonstrations are lawfully guaranteed to the people.

Therefore, the court below found the defendant guilty on the part of the general traffic obstruction. There is an error of law by misunderstanding the legal principles.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below, in particular, the defendant's statements at the police station, etc., the defendant participates in the night demonstration after self-determination at the time of the instant case and the traffic obstruction.