A. Legal principles 1) At the time of the assembly (hereinafter “the assembly of this case”) recorded in the facts charged, participants in the assembly including the Defendant tried to move to the luminous square, but the police tried to move through the road without any choice to prevent the movement of the participants in the assembly.

In the process, traffic has been impeded by road occupation.

Even if the police are installed, it is because the police is installed.

The defendant's act of traffic interfered with traffic;

shall not be required to do so.

2) The Defendant’s punishment for interference with general traffic is against the recommendation of the Constitutional Court’s 2009 Constitutional Court Decision 2009Hun-Ga2, and the UN Special Report of the Republic of Korea concerning the right to the freedom of peaceful assembly and association published in the UN Human Rights Council, and brings about the result of infringing on and undermining the freedom of assembly guaranteed under the Constitution.

In the case of a simple participant of an assembly without violence or demonstration as the defendant, it should be seen that the obstruction of general traffic is not constituted or illegality is excluded as a legitimate act.

B. The punishment of the lower court is heavy.

2. Determination

A. 1) As a matter of course, interference with general traffic safety under Article 185 of the Criminal Act is a crime that legally protects public traffic safety, and its purpose is to punish all acts making it impossible or considerably difficult to pass by causing damage to land, road, etc., or interference with traffic by other means. The interference with general traffic is a so-called abstract dangerous crime, which is impossible or considerably difficult to pass by, and is the result of traffic interference.