Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

A. In fact, the Defendant, misunderstanding the legal principles, was in the place of a postal service station around 17:04 on November 14, 2015, and the Defendant was in the place of a postal service station from around 16:30 on the same day to around 17:10 on the same day, and did not interfere with the passage of the vehicle by occupying the lane to a postal service station. The Defendant was in a situation where the police station installed a wall before participating in the instant assembly at around 17:04, and thus, the Defendant was unable to pass the vehicle and thus the traffic was obstructed by his act.

The Defendant did not have intentionally or directly engaged in an act of causing traffic interference or threatening traffic safety as a simple participant, and there was a collusion with other participants in an act of causing traffic interference.

shall not be deemed to exist.

B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts and legal principles, a crime of interference with general traffic under Article 185 of the Criminal Act is a crime that legally protects the traffic safety of the general public. The purpose of the crime is to punish all acts that make it impossible or considerably difficult to pass by causing damage to land, road, etc. or interfering with traffic by other means. The crime of interference with general traffic is so-called abstract dangerous crime that traffic is impossible or considerably difficult, and the result of traffic interference is not likely to occur (see, e.g., Supreme Court Decision 2004Do7545, Oct. 28, 2005). In addition, in light of Article 6(1) and legislative intent of the Assembly and Demonstration Act, in cases of an assembly or demonstration on the road after completing a lawful report, it is inevitable to restrict the traffic of the road to a certain extent. Thus, if the assembly or demonstration was conducted within the reported scope, or if it does not deviate significantly from the reported scope.