The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The defendant does not pay the above fine.

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles (Defendant 1) since part of the general traffic obstruction part of the road of this case was obstructed by the vehicle passage by the police side prior to the Defendant driving along the road of this case (Seoul Jung-gu, Seoul), there is no causation between the Defendant driving along the road of this case and the obstruction of traffic of the road of this case. In addition, the Defendant cannot be viewed as a mere driving of the road of this case as an "damage, destruction, and other means", which is the form of the obstruction of general traffic. Moreover, the Defendant’s driving of the road of this case constitutes a justifiable act. Accordingly, the part of the charge of general traffic obstruction among the charges of this case is acquitted; 2) The decision of the court below on the dispersion order of this case in violation of the Assembly and Demonstration Act.

2.(c)

Since the seven-time dispersion Order stated in paragraph (1) is unlawful, the Defendant did not have any obligation to comply with the instant dispersion Order. Moreover, the Defendant’s failure to comply with the instant dispersion order constitutes a justifiable act. Accordingly, the Defendant is not guilty of violating the Assembly and Demonstration Act among the facts charged in the instant case. (B) The lower court’s punishment (two years of suspended execution in six months of imprisonment), stating that the Defendant is too unreasonable, while the prosecutor asserts that it is too unreasonable.

2. Judgment on the misconception of facts and misapprehension of legal principles by the defendant

A. Part 1 of general traffic obstruction is an abstract dangerous crime as stipulated under Article 185 of the relevant law, and where traffic is impossible or substantially difficult, it shall be immediately the number of traffic and the result of traffic obstruction shall not be practically caused (see, e.g., Supreme Court Decision 2004Do7545, Oct. 28, 2005). In addition, traffic obstruction in general traffic obstruction continues to be illegal inasmuch as it has the nature of continuous crime and the traffic obstruction continues.