1. The summary of the facts charged of this case is as follows: from July 26, 2008 to 23:40, the Defendant took part in a candlelight assembly demonstration against the import of U.S. beef (hereinafter “the instant demonstration”) organized by the “National Countermeasure Meeting against the import of U.S. beef at risk of Mad Cow Disease” (hereinafter “National Countermeasure Meeting”) between the Defendant and the Defendant: (a) took part in the demonstration; and (b) took part in approximately 3,000 candlelight demonstration against the import of U.S. beef at the time of Seoul Jongno-gu, Jongno-gu, Seoul; and (c) took part in the roadway, such as the street, 1 log, scopter, scoph, and scopical distance, etc.; and (d) obstructed vehicle traffic in collusion with the participants of the demonstration.

2. The lower court, based on the evidence submitted by the prosecutor, cannot be readily concluded that the installation and traffic control of the police station caused by the act of the participants of the demonstration since the specific aspects of the assembly, demonstration, and progress on the day of the instant case, and the developments leading up to the installation of the police walls, etc., on the day of the instant case. In addition, considering the Defendant’s arrival time of the demonstration site and the mere position of the participants, the Defendant conspired with other participants of the demonstration to interfere with traffic or intended to allow other participants to act as his own means.

Considering that it cannot be determined by the person, the judgment of the first instance that found the Defendant guilty of the facts charged in the instant case was reversed and sentenced to not guilty.

3. However, the lower court’s determination is difficult to accept for the following reasons.

A. The purpose of interfering with general traffic safety under Article 185 of the Criminal Act is to punish all acts making it impossible or remarkably difficult to pass through by causing damage to, or infusing land, etc., or interfering with traffic by other means (see Supreme Court Decision 2014Do1926, Jul. 10, 2014). Article 30 of the Criminal Act is to protect the public’s legal interests.