A. misunderstanding of facts and misunderstanding of legal principles (1) The Defendant, without gathering whether the instant assembly was a non-reported assembly, walked towards the luminous long distance by using the delivery for the door of the K victims, making it impossible to use the delivery any longer by blocking the police vehicle wall, thereby getting off to the road at right time and putting a banner for about five minutes.

Therefore, the Defendant did not have any intention to obstruct traffic, and it cannot be deemed that the Defendant’s act makes it impossible or considerably difficult for the general public to pass traffic due to the Defendant’s act, and since the police already controlled traffic by installing a garage, it cannot be said that the Defendant’s act interfered with the traffic of the vehicle due to the act of the participants in assemblies such as the Defendant.

(2) The Defendant’s act constitutes a justifiable act that does not violate the social rules, since it is intended to find out the truth of the K case and to commemorate the victims.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. Determination on the assertion of mistake of facts and misapprehension of legal principles (1) The general traffic obstruction under Article 185 of the Criminal Act is an offense whose legal interest is the general public’s traffic safety, and its purpose is to punish all acts making it impossible or remarkably difficult to pass by causing damage to land, road, etc. or interference with traffic by other means. The general traffic obstruction is a so-called abstract dangerous offense, where traffic is impossible or considerably difficult, and the result of traffic obstruction should not be practically caused.

(see, e.g., Supreme Court Decisions 95Do1475, Sept. 15, 1995; 2004Do7545, Oct. 28, 2005). In addition, in light of the provisions of the Assembly and Demonstration Act and the legislative intent of the Assembly and Demonstration Act, an assembly or demonstration is considerably deviating from the scope of the original report.