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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the defendant constitutes a person who committed a direct act that leads to traffic obstruction by taking part in a significant deviation from the reported scope or a serious violation of the conditions regarding the assembly of this case, and thus, the court below found the defendant guilty of the facts charged of this case, but the court below acquitted the defendant of the facts charged of this case. The
2. Determination
A. The summary of the facts charged is that the Defendant is a member of the Korean Democratic Trade Union D branch E in public transportation labor unions (hereinafter “Private Partnership”).
From November 14, 2015, the headquarters for the strike against the general public, consisting of 53 citizens and social organizations, including the labor union, was planned to proceed with the "F", which is the first assembly, at the relevant place reported by each assembly, in the total of five fields, such as labor (Seoul square), farmers (Seoul Pyeongro), citizens (Seoul Maro Park), young people (university to university), young people (Maro Park to university), and young people (Seoul Maro Park) from around 13:0, 2015.
As a result, approximately 68,00 participants in the assembly participating in the prior assembly of each sector will hold the above assembly at the luminous square, and the 15:08 on the same day, the 22,000 persons, including the defendant, arrive near the intersection (e.g., the intersection) at the entrance of the Gu office in Jongno-gu Seoul Metropolitan Government, via the 16:30 to 16:50 on the same day, and the 16:30 to 16:50 on the same day, were in contact with the police.
In addition to the above participants, from November 14, 2015 to December 20:50 of the same day, the Defendant occupied the two-way lanes from the area near the Seoul Jung-gu, Seoul, to the area near the entrance of the Gu office in Jongno-gu, Seoul, by going through the Dong-dong, Jung-gu, Seoul, and the Dong-dong.