A. Error of mistake

Of the facts charged in this case, regarding the general traffic obstruction, there is no crime of occupying the road of this case, which was conducted during the process of legitimate reporting and holding the demonstration of this case.

B. Unreasonable sentencing

The punishment (including a fine of 500,000 won) sentenced by the court below is too unreasonable.

2. Determination

A. As to the assertion of mistake of fact

Comprehensively taking account of Nonindicted 5 and 6’s statements, inquiry of facts, reply statement, assembly report, notification of conditions for maintaining traffic order, telephone call inquiries, etc., the court below and the court below held that the Korean Metal Trade Union (hereinafter “metallic Trade Union”) which is the organizer of the outdoor assembly ( demonstration or demonstration) of this case was well aware of the fact that the demonstration in this case was subject to the notification of prohibition or restriction as an outdoor demonstration at night, and in fact, the head of Seoul Local Police Agency prohibited the demonstration or progress on the road in this case in order to maintain traffic order. On August 25, 2011, the Defendant’s act constitutes a crime of interference with general traffic since it can be acknowledged that the notification stated in the above prohibition fact was delivered on August 26, 2011.

B. As to the assertion of unfair sentencing

The defendant also participated in the instant assembly for the withdrawal of layoffs of △△ Heavy Industries workers who have no interest in the case due to his experience in layoffs, and the number of times is limited to once. However, the court below sentenced the fine (700,000 won) requested by the summary order in consideration of the above favorable circumstances in the court below, and considering all the sentencing conditions shown in the records and arguments of this case including the defendant's character and behavior, age, motive and circumstance of the instant crime, circumstances after the crime, etc., the sentence of the court below is not unreasonable.

3. Conclusion

Thus, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

Judge Han-Ann-Ipuk (Presiding Judge)