The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The main point of the grounds for appeal is that the penalty (one million won in penalty) declared by the court below is excessively unfilled and unfair.

2. Ex officio determination

A. The Defendant of the facts charged in the instant case is a person who takes charge of the vice-chairperson of the Korea Development and Trade Union Section B among the Korea Development and Industry Workers’ Unions.

No person shall destroy, damage, or fire a road, a waterway, or a bridge, or obstruct traffic by any other means.

Nevertheless, the Defendant, along with the participants in a nameless assembly, moved along with the participants in an assembly, from November 14, 2015 to around 17:26 to moving along with the direction of the Seodaemun-gu Seoul Metropolitanro, Jongno-gu, Seoul, in order to promote relief.

Accordingly, the defendant conspired with the participants in the assembly and interfered with the traffic of the preceding lane.

B. In light of Article 6(1) of the Assembly and Demonstration Act and its legislative intent, where a legitimate report is completed under the Assembly and Demonstration Act and an assembly or demonstration is conducted on the road, the traffic of the road may be limited to any extent.

Therefore, if an assembly or demonstration is conducted within the reported scope or is conducted differently from the reported contents, the reported scope is not considerably deviating from the reported scope, resulting in interference with road traffic.

Even if there are no special circumstances, the crime of interference with general traffic under Article 185 of the Criminal Act is not established.

However, in a case where the assembly or demonstration significantly deviates from the scope of the original report, or seriously interferes with road traffic by violating the conditions under Article 12 of the Assembly and Demonstration Act, making it impossible or considerably difficult to pass through by causing interference with road traffic, such assembly or demonstration constitutes a crime of interference with general traffic (see, e.g., Supreme Court Decision 2006Do755, Nov. 13, 2008). In such a case, by significantly deviating from the scope of the initial report or by seriously interfering with road traffic by seriously violating the conditions under Article 12 of the Assembly and Demonstration Act.