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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In relation to the point of general traffic obstruction, misunderstanding of facts and legal principles 1), driving along a road in the process of assembly does not fall under the element of general traffic obstruction, and the Defendant’s driving along a road with other participants in assembly is not recognized as having a connection with the Defendant’s act and traffic obstruction since the passage of the surrounding road was completely finished with the passage of the road due to the installation of the vehicle wall by the police, and the Defendant did not have a conspiracy to interfere with traffic obstruction in collusion with many and unspecified persons.
2) With respect to the violation of the Assembly and Demonstration Act due to the non-compliance with the dispersion order, the dispersion order in this case was not made in a situation where the direct risk of others’ legal interests or public peace and order is obviously brought about, and thus, is not a legitimate dispersion order, and even if a lawful dispersion order was issued, the Defendant did not have any intention to refuse the dispersion order, and thus,
B. The sentence of the lower court’s improper sentencing is too unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. 1) In light of the legislative intent of Article 6(1) of the Assembly and Demonstration Act and the Assembly and Demonstration Act, in a case where an assembly or demonstration is conducted on the road after completion of lawful reports, the traffic of the road is restricted to a certain extent. Thus, in a case where the assembly or demonstration was conducted within the reported scope or it was conducted differently from the reported contents, the traffic of the road was obstructed thereby.
Even if there are no special circumstances, it cannot be deemed that a crime of interference with general traffic under Article 185 of the Criminal Act is established.
However, the assembly or demonstration is remarkably deviating from the scope of the original report or is in accordance with Article 12 of the Assembly and Demonstration Act.