일반교통방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Defendant 1) The misunderstanding of the facts and the misapprehension of the legal doctrine did not directly commit any act that may interfere with traffic as a mere participant in the relevant assembly, and the Defendant recognized a significant deviation from the reported scope of the assembly.
shall not be deemed to exist.
Therefore, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principles or thereby affecting the conclusion of the judgment.
2) The sentence of the lower court (an amount of KRW 4 million) that is unfair in sentencing is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. In addition to the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court in determining the Defendant’s assertion of mistake of facts and misapprehension of the legal doctrine, the lower court’s judgment that found the Defendant guilty is justifiable and did not err by misapprehending the facts or by misapprehending the legal doctrine as alleged by the Defendant.
Therefore, the defendant's assertion is without merit.
(1) The demonstration does not seem naturally derived from the assembly process of the City/Do Park. In light of the fact that, after the assembly of the City/Do Park, some participants of the demonstration started while moving the crosswalk to the direction of occupying the road after the assembly of the City/Do Park, the police would not have prevented the passage, unless there are any special circumstances, in the event that the moving route is changed, and that the movement is made in compliance with the report of a prior assembly, the police would not stop the passage, the situation of the placement of the police, the police police's warning of the traffic interference act, and the dispersion order also takes place several times, and the demonstration was carried out by the way of holding it in the Korean-style road, and the demonstration is considered to have been recognized as an extension of the main assembly or an assembly reported.
It does not seem, but does not seem.