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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding and misapprehension of the legal principles do not constitute a conspiracy with another participant at an assembly, and the reported route is merely about five minutes (from 17:16 to 17:21) and there is no fact that the defendant committed a direct act causing traffic interference.
Nevertheless, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles and thereby affecting the conclusion.
B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts and legal principles, in full view of the following facts: (a) the number of participants of the assembly on the facts constituting the crime of the court below (hereinafter “instant assembly”) and the size of the assembly, such as the total number of participants and the location, etc. of the assembly to the end of the assembly; (b) the specific form and quantity of the assembly, such as the total time and the moving route of the demonstration team, which was used until the assembly of the instant case started and completed; and (c) the deliberation of the on-site group of the assembly of this case and the road traffic conditions at the time of the assembly of this case, the road of this case was occupied by the assembly of this case due to the fact that the traffic of the on-site assembly of this case was actually obstructed due to the assembly of this case; and (d) the defendant participating in the assembly of this case as stated in the facts charged, and by occupying the road at the scene of the assembly of this case,
Therefore, we cannot accept the Defendant’s assertion of mistake and misapprehension of legal principles.
B. The details and motive leading up to, and degree of participation in, the instant crime, the Defendant’s one-time suspension of the execution of imprisonment with prison labor due to interference with general traffic, etc., and the one-time punishment of a fine, and the Defendant’s age, sex, environment, family relationship, and crime.