All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts or misunderstanding of legal principles is the simple participant of the instant assembly, and the Defendant was only the only participant at the place indicated in the facts charged, and at the same time, there was no vehicle flow at the same place as at the time the police had already installed a wall.

Therefore, the defendant with intention to obstruct traffic and has committed an act of obstructing traffic under Article 185 of the Criminal Code.

not, and there was collusion with the host party or other participants in the assembly.

as a joint principal offender, there is no liability as a joint principal offender, and in addition, there has been interference with the traffic of the vehicle due to the act of the defendant.

There is no relation with the person.

Nevertheless, the court below erred by misapprehending the legal principles as to mistake of facts or obstruction of general traffic, thereby finding the Defendant guilty of the facts charged.

(2) The punishment sentenced by the lower court (an amount of KRW 1.5 million) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. Determination

A. (1) As to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the purpose of the relevant legal doctrine is to punish all acts that make it impossible or considerably difficult to pass by causing damage to land, etc. or interference with traffic by other means, and the obstruction of traffic is so-called abstract dangerous crimes that the traffic is impossible or considerably difficult, and the occurrence of traffic interference does not require actual result (see, e.g., Supreme Court Decisions 95Do1475, Sept. 15, 1995; 2004Do755, Oct. 28, 2005). In addition, in light of the provisions and legislative intent of the Assembly and Demonstration Act, the report is lawful.