The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

On August 26, 201, the Seoul National Police Agency notified the organizer of the conditions for the maintenance of traffic order, prepared by the Seoul National Police Agency pursuant to Article 12 of the Assembly and Demonstration Act on August 26, 201, and accordingly, the organizer was presumed to have been aware of the said conditions, and the notification of the said conditions was not legally notified.

Even if the demonstration of this case was committed by using the four-lanes, the reported scope (including delivery and delivery in case of a small number of persons, including the vehicle), and thus, should be pronounced guilty, the lower court erred by misapprehending the legal doctrine and thereby acquitted the Defendant.

Judgment

The summary of the facts charged in the instant case may not damage or fire a road, waterway, or bridge, or interfere with traffic by other means.

On August 27, 2011, from around 22:05 to around 00:30 on August 27, 201, the Defendant participated in the "Fourth D" demonstration related to the Hanjin Heavy Industries, which was not reported together with 2,500 persons, and started from the Cheongdong in Jongno-gu Seoul, Jongno-gu, Seoul from around 22:05 to around 22:0:30 on August 28, 201, the Defendant occupied the lanes of the Bank of Korea to the independent text through the Bank of Korea’s private distance, sublims, and the Seodaemun-gu, thereby hindering the flow of vehicles by creating and implementing relief such as "ad hoc and non-regular workers."

Accordingly, the defendant conspired with the participants in the assembly and interfered with general traffic.

The lower court found the Defendant not guilty on the ground that the facts charged in the instant case constitute a case where there is no proof of crime.

In light of the legislative intent of Article 6 (1) of the Assembly and Demonstration Act and Article 6 (1) of the Assembly and Demonstration Act, where a legitimate report is completed and an assembly or demonstration is conducted on the road, the traffic of the road will be restricted to a certain extent. Therefore, the assembly or demonstration was conducted within the reported scope or reported.