The judgment below is reversed, and the case is remanded to the Seoul Central District Court.

The grounds of appeal are examined.

1. With respect to a traffic obstruction in general traffic, Article 185 of the Criminal Act shall be punished by imprisonment for not more than ten years or by a fine not exceeding 15 million won;

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The purpose of interference with general traffic is to punish not only damage or influence of land, etc., but also all acts that make it impossible or considerably difficult to pass by interfering with traffic by other means (see Supreme Court Decision 2003Do4485, Oct. 10, 2003, etc.). Freedom of assembly and demonstration is a fundamental right of a citizen guaranteed by the Constitution, and the Criminal Act applies to persons participating in an assembly and demonstration, thereby unfairly restricting the freedom of assembly and demonstration.

However, the general traffic obstruction is comprehensively defined as above. However, in the event of an assembly or demonstration on the road, taking into account the risk of direct infringement of the traffic safety of the general public when conducting an assembly or demonstration on the road, the general traffic obstruction can be established unless there is any special reason to the contrary.

In a case where participants attending an assembly or demonstration without a report under the Assembly and Demonstration Act make it impossible or considerably difficult to pass through by interfering with road traffic by driving along the lane, etc. (see, e.g., Supreme Court Decision 2006Do755, Nov. 13, 2008). However, even in such a case, all participants do not necessarily constitute a crime of interference with general traffic as a matter of course, and in fact, the participants actually participated in the assembly or demonstration, thereby causing interference with traffic, or are directly involved in the process or degree of participation of participants.