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The judgment below
The guilty portion shall be reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts, misunderstanding of legal principles 1) The facts charged in the instant case did not specify the date, time, place, or method of public offering of traffic obstruction. 2) The Defendant was admitted to participate in a part of the progress of the demonstration, but only it was going out in the nearby heading for returning home due to the blocking of the road, etc., and there was no fact that the Defendant occupied the roadway or obstructed traffic in collusion with other demonstration units.
3) Although the Constitutional Court decided that the provision on the Assembly and Demonstration Act prohibiting an outdoor assembly or demonstration at night is unconstitutional, it is unreasonable to uniformly punish the general traffic obstruction which inevitably entails the assembly or demonstration as a separate crime. B. The sentence of the lower court on the Defendant of unreasonable sentencing (the fine of KRW 700,000 is too unreasonable).
2. Determination:
A. On May 6, 2008, the facts charged of the instant case asserted that “the phase-out expansion agreement on the import of U.S. beef concluded with the Government of the Republic of Korea on April 18, 2008 is to be a stroke negotiation as well as to bring about harm to the people’s health,” and constituted a “National Countermeasure Committee against the full import of U.S. beef from Mad Cow Disease Cow Disease Cow Disease (hereinafter “Measures Committee”) in order to systematically and systematically implement a strike against the import of U.S. beef from Mad Cow Disease Cow Disease.
Since May 2, 2008, the countermeasures conference led to the candlelightlight assembly in Seoul, etc., which was held from May 6, 2008, and tried to enter into the Cheongdae River by holding a candlelight assembly, which is an outdoor assembly at night, every day from May 6, 2008. From May 24, 2008, the countermeasures conference tried to play a road-based demonstration, such as a three-dimensionals or an adlelights, after the candlelightlight assembly, and after the day from May 24, 2008, the party tried to move into the Cheongdae River with the road-based demonstration, such as the city of the following day.
The meeting of countermeasures shall be Seoul Square from May 31, 2008 to 20:40 on the same day.