The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The facts charged in the instant case did not specify the act of co-principal, and it is unclear where to which extent the defendant is a criminal defendant. 2) As to the violation of the Assembly and Demonstration Act, it cannot be deemed that the demonstration was made on the road more than 10 minutes after the self-determination.

In light of the fact that night demonstration is justified and there is a discussion of amendment of the law, the application of the laws on mechanical assembly and demonstration is unfair.

3) On the point of general traffic obstruction, the Defendant did not commit any act of direct traffic obstruction. The road has already been interrupted by the police. It is unreasonable to view the mere participation of the demonstration as a co-principal of general traffic obstruction. Although the Constitutional Court rendered a decision that the statutory provision on assembly and demonstration prohibiting an outdoor assembly or demonstration at night is unconstitutional, it is unreasonable to uniformly punish the general traffic obstruction which inevitably entails an assembly or demonstration as a separate crime. (B) The sentence of unfair sentencing (one million won of a fine) by the lower court is too unreasonable.

2. Determination:

A. Of the facts charged, the summary of the violation of the Assembly and Demonstration Act among the facts charged in the instant case regarding the assertion of unspecified persons in the facts charged is that “the Defendant occupied the road from around 00:00 on June 29, 2008 to around 00:10 on to the time when he is arrested as an flagrant offender and carried out a street demonstration with the participants in the demonstration by moving out relief with the participants in the demonstration.” The summary of the general traffic obstruction is that “the Defendant interfered with the daily traffic by carrying out a street demonstration in collusion with other participants in the can be deemed as impeding the daily traffic by occupying the road from around 19:0 to 20:00 on June 28, 2008 to the next 0:10 on the following day.”