All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) The documentary evidence submitted by the prosecutor to the effect that the Defendant participated in the assembly held by the lower court on June 29, 2011 falls under the evidence of unlawful collection taken by the investigative agency in violation of Article 19 of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) without the Defendant’s consent, and the Defendant’s statement in the investigative agency constitutes the secondary evidence obtained based on the aforementioned illegally collected evidence, and thus, it cannot be admitted as evidence of guilt pursuant to Article 310 of the Criminal Procedure Act, because it constitutes the only evidence unfavorable to the Defendant.

B) On August 31, 2012, the Defendant entered a road where the employees of two vehicles who were present at the assembly as indicated in the judgment of the court below on August 31, 2012 enter the same day in order to meet AD, and left to move to the place of promise with his spouse on or before 17:30 of the same day, and did not participate in the above assembly. Even if the Defendant participated in the above assembly, it is merely a simple participant who does not violate the Assembly and Demonstration Act, and thus, the illegality of the obstruction of general traffic is excluded, and punishing the Defendant as a obstruction of general traffic is in violation of the Constitution by impairing the freedom of assembly and demonstration under the Constitution. 2) The sentencing of unfair sentencing (one million won per fine) of the judgment of the court below is too unreasonable.

B. The lower court’s sentencing of the second instance court (one million won of a fine) is too unhued and unreasonable.

2. Determination on the grounds for appeal

A. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor, the Defendant appealed each of the judgment below against the lower court, and each of the appeals against the lower judgment was consolidated. Each of the offenses against the Defendant in the judgment of the lower court against the Defendant is a concurrent offense under the former part of Article 37 of the Criminal Act.