일반교통방해
The defendant's appeal is dismissed.
1. misunderstanding of facts about the gist of the grounds for appeal or misunderstanding of legal principles (i.e., the defendant did not have intention to interfere with general traffic, (ii) the defendant did not conspired with other participants in the assembly to commit the crime in this case, (iii) it is unreasonable to infringe on the essential contents of the freedom of assembly guaranteed by the Constitution by applying excessive punishment, which is inappropriate and excessive to interfere with general traffic in a legitimate assembly and demonstration, and (iv) it is the evidence illegally collected by the police.
A. As to the assertion that there was no criminal intent, and that there was no conspiracy with other participants in the assembly of this case, comprehensively taking into account the time and spatial scope in which the defendant participated in the assembly of this case, the degree of interference with traffic at the time, etc., the defendant can be acknowledged the fact that the defendant conspired with other participants in the assembly of this case consecutively and implicitly, and under the recognition and acceptance of the fact that even if temporarily, it would make it difficult to communicate the vehicle significantly, the defendant occupied the lane prior to the two directions as stated in the judgment of the court of first instance. Accordingly,
B. As to the assertion on infringement of fundamental rights, the freedom of assembly or demonstration is guaranteed as prescribed by Article 21(1) of the Constitution, but in particular, in the case of an assembly or demonstration on the road, it is likely to conflict with the public interest, such as the traffic right or smooth traffic flow. In such a case, it is necessary to ensure the maximum freedom of assembly or demonstration and to ensure adequate balance so as not to infringe the public traffic right or smooth traffic flow order.
Therefore, if an assembly or demonstration is conducted on the road after completing a legitimate report, it is inevitable to restrict the traffic of the road. Therefore, the scope of the report even if the assembly or demonstration was made within the reported scope or was made somewhat different from the reported contents.