A. (1) Since there is a position where it is difficult for Defendant 1 to specifically recognize the legality of the assembly as a mere participant, not the organizer of the assembly of this case, and thus, just because he participated in the assembly, the rate of general traffic obstruction under the Criminal Act is contrary to the Constitution guaranteeing freedom of assembly and demonstration as a fundamental right, and even when applying the general traffic obstruction, the act of this case was committed by Defendant with his intent to participate in the assembly, and thus, it should be deemed that there is no intention to interfere with general traffic, or that it is unlawful as an act contrary to the social rules.

【The sentencing of the first instance court of unfair sentencing (the fine of 500,000 won) is too unreasonable.

B. Considering the nature of the crime of this case and the degree of the defendant's participation in the crime of this case in light of the same military force of the prosecutor (unfairness) and the defendant, the sentencing of the first instance court on the defendant is too uneasible.

2. Determination

A. (i) As to the Defendant’s assertion of misunderstanding of legal principles or mistake of facts, the purpose of the crime of obstruction of general traffic is to damage or infusing land, etc., or to make it impossible or considerably difficult to pass by interfering with traffic by other means, and to punish all acts of causing damage to or interference with traffic safety of the general public.

(see, e.g., Supreme Court Decisions 2010Do6903, Mar. 29, 2012; 95Do1475, Sept. 15, 1995). In light of the provisions and legislative intent of the Assembly and Demonstration Act (hereinafter “Act”) and the Assembly and Demonstration Act, where an assembly or demonstration is conducted on the road after completing lawful reports pursuant to the Act, the traffic of the road would be limited to a certain degree. Thus, the report is made even if the assembly or demonstration was conducted within the reported scope or that the reported details were somewhat different.