The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below found the defendant guilty of the crime of interference with general traffic by having committed a direct act that may cause interference with traffic as the chief of the labor union, but the court below acquitted the defendant of the charges in this case. The court below erred by misapprehending the facts and incomplete deliberation.

2. Determination

A. The summary of this part of the facts charged is the head of the organization B (hereinafter “B”) C.

B, including B, D, composed of 53 citizens and social organizations, took place from November 14, 2015 to 13:00 each five sector, and planned to proceed with the “J”, which is the first assembly, which is a notice of prohibition upon gathering I and gathering it.

On November 14, 2015, the Defendant, along with approximately 30,000 participants in the assembly conference participating in each sector’s prior assembly including the Defendant, committed a conflict with the police who tried to enter the conference on the first spot while moving into the conference with the two directions near the E located in Seoul Jung-gu, Seoul, from around 14:00 to the 18:00 of the same day.

Accordingly, the defendant conspired with the above participants in the assembly and interfered with the traffic by land.

B. The lower court determined that the Defendant participated in an assembly or demonstration which clearly deviates from the scope of the original report or significantly violates the conditions under Article 12 of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”), thereby making it impossible or considerably difficult to pass through by interfering with road traffic.

As a matter of course, all such participants cannot be deemed to have interference with general traffic, and in fact, those participants have engaged in direct conduct causing interference with traffic by taking part in significant deviations from the reported scope or significant violation of the conditions as above, or in other cases, the participants shall be jointly recruited in light of the developments leading up to the participation or the degree of involvement, etc.