2. In full view of the following: (a) the degree of traffic obstruction caused by the Defendant’s instant crime; (b) the shape and circumstance of traffic obstruction by the participants in assemblies such as the Defendant; (c) the degree of the Defendant’s participation; and (d) the Defendant was sentenced to a fine once due to a drunk driving; and (c) the Defendant did not have the same kind of criminal records; and (d) the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the crime; and (e) the circumstances after the crime, etc., the first instance

Therefore, prosecutor's assertion is not accepted.

3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.

(Pursuant to Article 25(1) of the Rules of Criminal Procedure, the first second sentence of the judgment of the first instance shall be deleted.