The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. At the first trial date of the appellate trial, the Defendant and his defense counsel explicitly stated that “the grounds for appeal were dismissed by misapprehending the legal principles and appealed only on the grounds of unfair sentencing.”

The first deliberation punishment (six months of imprisonment, one year of suspended execution) is too unreasonable.

(b) the first deliberation sentence of the Prosecutor is too uneasible and unreasonable;

2. We examine each of the sentencing offenses committed by the Defendant and the Prosecutor.

The assembly of this case seems to completely block road traffic for a considerable period of time and cause danger to public peace and order, and the fact that the defendant has been punished several times for the same crime is disadvantageous to the defendant.

However, it seems that there is no fact that the defendant led to a direct action that may undermine public safety and order in addition to the defendant's participation in each assembly of this case, which led to the confession of all of the crimes of this case, and that there is no fact that the defendant committed a direct action that may harm public safety and order in addition to the defendant's participation in each assembly of this case. In full view of all the records of this case and all the other factors of sentencing, including the defendant's participation in the road occupation and process, the degree of the defendant's participation, the defendant's age, sexual conduct, environment, motive and means of the crime, circumstances after the crime, etc., the first deliberation punishment against the defendant is too unreasonable.

Therefore, the above argument by the defendant is reasonable, and the prosecutor's above argument is without merit.

3. If so, as the defendant's appeal is reasonable, the judgment of the first instance court is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading (in the meantime, the prosecutor's appeal is not reasonable, but the prosecutor's appeal is dismissed in the disposition as long as the defendant's appeal is accepted and the judgment of the first instance is reversed, and the prosecutor's appeal is not dismissed in the disposition). [Judgment used again] Criminal facts and the summary of evidence.