The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (in fact-finding, misunderstanding of legal principles) was committed by the Defendant as a simple participant of the instant assembly, and the Defendant was set aside from the procession without any further proceeding in the vicinity of the luter, which the police first installed.

The installation of a parking wall by the police is only a result of traffic obstruction, not a result of traffic obstruction due to the act of the defendant.

There is no fact that the defendant has conspired to engage in traffic obstruction or to interfere with traffic with other participants in the assembly.

2. Determination

A. In light of the relevant legal principles, the legislative intent of the Assembly and Demonstration Act, in a case where an assembly or demonstration was conducted within the reported scope or was conducted differently from the reported contents, and thus does not considerably deviate from the reported scope, barring any special circumstance, it cannot be deemed that a general traffic obstruction under Article 185 of the Criminal Act is established, barring special circumstances. However, in a case where the assembly or demonstration considerably deviates from the reported scope, or substantially prevents traffic by seriously violating the conditions under the provisions of the Act, thereby making it impossible or considerably difficult, general traffic obstruction under Article 185 of the Criminal Act is established.

(see, e.g., Supreme Court Decision 2006Do755, Nov. 13, 2008). General traffic obstruction is a so-called abstract dangerous crime, where traffic is impossible or substantially difficult, the traffic is as soon as possible, and the result of traffic obstruction is not practically necessary.

(see, e.g., Supreme Court Decision 2004Do7545, Oct. 28, 2005). Also, in relation to accomplices who are jointly processed by two or more persons in a crime, public offering does not require any legal penalty, but is a combination of two or more persons to jointly process a crime and realize such crime.