The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of misunderstanding of facts and misapprehension of legal principles, the Defendant sufficiently recognized that the instant assembly was illegal through repeated dispersion order by the police, and the crime of interference with general traffic was continued to be committed, and thus, the Defendant arrived after the police installed a wall.

Even if it is possible to establish a common principal offender until the act is completed, the judgment of the court below which acquitted him of the charge of interference with general traffic, is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles as to common principal offender with public traffic obstruction

B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence in 8 months) is too uneased and unfair.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the lower court determined that “the initial reported scope was remarkably deviates from the scope of the report, or participated in the assembly and demonstration that make it impossible or considerably difficult to pass by interfering with road traffic by seriously violating the conditions under Article 12 of the Assembly and Demonstration Act.”

On the other hand, all such participants are not established with general traffic obstruction as a matter of course, and in fact, the participants engaged in a direct act causing traffic obstruction by taking part in a significant deviation from the reported scope or a serious violation of the conditions as above, or, in other cases, the participants' participation process or the degree of involvement, etc., the participants can be held liable for a crime as a joint principal offender (see Supreme Court Decisions 2016Do4921, Nov. 10, 2016; 2017Do1524, Mar. 29, 2018, etc.). Based on the legal reasoning, the following circumstances, i.e., the National Democratic Trade Union General Federation (hereinafter "Private Union General")’s notification of the prohibition of assembly and demonstration as reported by Seoul National Police Agency on Nov. 12, 2015.