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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) and the date and place indicated in the facts charged in this case, and there is no evidence to find that the participants in the assembly are unable to pass traffic beyond the tolerance limit of the general public or significantly difficult to pass traffic beyond the tolerance limit, and the court below convicted them of the facts charged in this case. In so determining, the court below erred by misapprehending
2. Determination
A. The purpose of interference with general traffic under Article 185 of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass by causing damage to or infusing land, etc. or interference with traffic by other means as an offense, the protection of which is protected by the law of the public safety (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). The general traffic obstruction is a so-called abstract dangerous crime that makes it impossible or considerably difficult to pass by traffic, and the result of interference with traffic should not be practically caused.
(See Supreme Court Decision 2004Do7545 Decided October 28, 2005, etc.). B.
According to the evidence duly adopted and examined by the court below, the participants in the assembly of 200 persons including the defendant completed D on March 14, 2012 from around 19:15 to around 21:00, which was held in the south of the Cheong River square on the south side of the Cheong River square, and the participants in the assembly including the defendant started from the roads in front of the 22:00 to December 22:4, 201, in front of the 195 road via the long distance, from the roads in front of the Gyeong River Station, Cultural Park, and the 5-ro, the 5-ro, the 195 road along the 195 road. Accordingly, it is recognized that the vehicles from the 200 persons, including the defendant, were obstructed by the participants of the assembly, and that they failed to pass normally.