The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal (misunderstanding of facts) is the simple participant of the assembly of this case, and the defendant already installed a wall by the police, and thus, the traffic of the participants in the assembly of this case was obstructed by the defendant's act, since the traffic of the vehicle has already been obstructed by the police.

shall not be deemed to exist.

There is no intention to obstruct the general traffic, and there is no conspiracy with other participants in assemblies to interfere with the general traffic.

2. Summary of the facts charged in this case and the judgment of the court below

A. On November 14, 2015, the Defendant, as the head of Seoul subway trade union B, participated in the “National Workers’ Competition” organized by the Korean Democratic Labor Union Federation (hereinafter “Korean Workers’ Union”) at the Seoul Square located in 15:40, Jung-gu, Seoul, Jung-gu, Seoul.

The above assembly was a prior assembly of the “labor” sector among the public-private partnership assemblies planned by the headquarters for the strike of the general public, which was launched by the lead of the labor-private partnership.

The total of 66,00 persons who participated in the pre-divisions of each sector, including the above Korean Workers' Congress, had entered the luminous square with three types after completing each pre-meetings under the name of the participation of the general public in the events at the luminous square.

At around 16:55 of the same day in the above process, the Defendant occupied the lanes prior to the Jongno-gu Seoul Metropolitanrorogate, Jongno-gu, Seoul, thereby hindering the traffic of the roads in collusion with the participants in the assembly.

B. The lower court found the Defendant guilty of the instant facts charged based on the duly adopted evidence.

3. Determination on whether a deliberation was made

A. In light of the legislative intent of the relevant legal doctrine and the Assembly and Demonstration Act, in the event that a legitimate report is completed and an assembly or demonstration is conducted on the road, the road traffic has to be limited to a certain extent. Therefore, the scope of the report even if the assembly or demonstration was conducted within the reported scope or was conducted differently from the reported details.