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Defendant
All appeals filed by B, F, and Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B, F (1) misunderstanding of facts, and F do not constitute a general traffic obstruction on the ground that Defendant B, F (1) did not participate in the assembly demonstration of this case, and thus conspired with other participants of the demonstration of this case.
(2) In light of the legal principles, even if Defendant B and F conspired to participate in a demonstration, the term “other means of obstructing traffic in general traffic obstruction” refers to “a method equivalent to destruction or damage, or an influence.” The demonstration walking on the road does not constitute “other means of obstructing traffic in general traffic obstruction.”
Although the Constitutional Court decided that the provisions of the Assembly and Demonstration Act that prohibit the outdoor assembly at night are unconstitutional, it is unfair to uniformly punish the assembly and demonstration as a separate crime that inevitably entails general traffic obstruction.
(3) Each punishment sentenced by the lower court to Defendant B and F (a fine of KRW 500,000) is too unreasonable.
B. In full view of the prosecutor (1) erroneous determination of facts (1) and the fact that the clothes of the defendant D were in black color, and the defendant D's testimony and circumstances of the police P for arresting the defendant D were found to have participated in the demonstration of this case, the judgment of the court below which acquitted the defendant D, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
(2) Each sentence sentenced by the court below against Defendant B, C, and F (the fine of KRW 500,00 per fine) is too uneasible and unfair.
2. Determination
A. In full view of the evidence duly adopted and examined by the lower court regarding Defendant B and F’s assertion of misunderstanding of facts, Defendant B and F participated in the demonstration by means of participating in the demonstration in collusion with other participants of the demonstration and occupying the road as shown in the facts constituting the crime of the lower judgment and participating in the demonstration in conspiracy with other participants of the demonstration, etc., and the Seoul Jung-gu Incheon Metropolitan Government Myeong-ro, Soviro, Sejong, Cheong-ro, and Dongdae