The judgment below

Among them, the part of the general traffic obstruction shall be reversed.

A defendant shall be punished by a fine of KRW 1,000,000.

Summary of Reasons for appeal

A. In general traffic obstruction, the Defendant is a person who participated in an assembly organizedly with other union members after receiving official questions from a national labor union for public transportation and social services (hereinafter “public labor union”), and thus cannot be considered as a person who participates in the assembly. A public-private partnership with the organizer of the assembly may be sufficiently recognized. In the case of a police-related wall, the participants in the assembly exceeded the reported scope and illegally occupied and proceeded along the lane, and thus, it cannot be deemed that road traffic has become impossible due to the following walls.

However, the judgment of the court below which acquitted the defendant as to the obstruction of general traffic by the defendant is erroneous in the misapprehension of facts or legal principles.

B. The Defendant could have anticipated that the dispersion order should be made because of the demand for voluntary dispersion and closure declaration prior to the issuance of the dispersion order against the violation of the Assembly and Demonstration Act. The dispersion order is likely to be made through loudspeakers, and the Defendant appears to have sufficiently changed from the broadcast of the voice or size of demonstration units. The circumstances that the Defendant attempted to make dispersion after the establishment of a crime of violation of the Assembly and Demonstration Act due to the failure to comply with the dispersion order, do not affect the conviction.

Nevertheless, the judgment of the court below which acquitted Defendant on the violation of the Act on Assembly and Demonstration is erroneous in the misapprehension of facts or in the misapprehension of legal principles.

2. Determination

A. The summary of each of the facts charged in the instant case is the Director General of the Do Branch Office of the Democratic Nowon-gu Public Transportation Labor Relations Group D.

The Defendant, in accordance with the guideline (C) of the Democratic Nowon-do Federation (Seoul Viewing Viewing Pool), arrived at the Seoul Viewing Viewing Pool, which is the place of this meeting, with approximately 20 members of the members of the Do branch of the Seoul Pool-si branch of the public transportation labor union, and participated from around 15:00 to 16:00.

(i) interference with general traffic;