The prosecutor's appeal is dismissed.

1. Although it should be deemed that the crime of general traffic obstruction is established considering the progress of the H meeting held on November 14, 2015, the Defendant’s criminal conduct and participation on the day of the instant case, etc., the lower court acquitted the Defendant of the instant facts charged by misapprehending the legal doctrine.

2. Determination

A. In light of Article 6(1) of the Assembly and Demonstration Act and the legislative purport thereof, in a case where an assembly or demonstration is conducted on the road after completing a lawful report under the Assembly and Demonstration Act, the traffic of the road is restricted to a certain degree. Thus, in a case where the assembly or demonstration was conducted within the reported scope or it was conducted differently from the reported contents, barring any special circumstance, it does not constitute a crime of interference with general traffic under Article 185 of the Criminal Act, even if the traffic was obstructed thereby, barring special circumstances.

However, in a case where the assembly or demonstration significantly deviates from the scope of the original report, or seriously violates the conditions under Article 12 of the Assembly and Demonstration Act, making it impossible or considerably difficult to pass through by interfering with road traffic, it constitutes a general traffic obstruction crime.

(2) In light of the above legal principles, the part of the lower court did not err by misapprehending the legal principles on traffic safety under Article 12 of the Assembly and Demonstration Act. In so doing, the part of the lower court did not err by misapprehending the legal principles on traffic safety under Article 12 of the Assembly and Demonstration Act, thereby adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment.

In fact, the participant has committed a direct act that may cause interference with traffic by taking part in significant deviations from the reported scope or significant violation of the conditions as above, or the participant's circumstances or degree of involvement if not.