All appeals by prosecutors are dismissed.

A. The Defendant (defluence of facts, misunderstanding of legal principles) was present at the Franchising and resisting excessive police control, and did not have any intention to interfere with general traffic.

The results of traffic obstruction are rather caused by police forces in the process of controlling roads.

B. A prosecutor 1) In light of the fact-finding and the evidence submitted by the prosecutor by the misapprehension of legal principles, even though the defendant has been sufficiently inferred to participate in each outdoor demonstration at night after his own ruling, the court below acquitted this part of the judgment below erred by mistake of facts and misapprehension of legal principles. 2) In light of the fact that there is a need to punish illegal assembly and demonstration on the grounds that there is an unreasonable sentencing sentencing, the sentence of the court below (fine 500,000) is too une

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the defendant's appeal, it can be acknowledged that the defendant interfered with the daily traffic by holding a police force and body, and continuing a demonstration while holding a 100-satison with D organization's fifth national memorial conference from February 21, 2009 to February 23:00, as stated in the facts charged of this case, after holding the fifth national memorial conference with D organization's fifth 100 demonstration units, and holding the road in front of D organization's hotel in Jung-gu in Seoul, Jung-gu, Seoul, and holding it. According to the above facts of recognition, even if the defendant had a circumstance such as partial control by the police, it is reasonable to view that the defendant's road in the vicinity of the scene at the time is around the surrounding road by intentionally and in order with other participants of the demonstration, and that the actual danger of interference with the traffic in the on-site demonstration site has been actually impeded or impeded, and that the defendant's general traffic obstruction is also sufficiently recognized as part of the defendant's general traffic obstruction and assertion is not accepted.

B. misunderstanding of facts and misapprehension of legal principles regarding the prosecutor’s appeal.