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. misunderstanding the facts and misapprehension of the legal doctrine, the Defendant is merely a simple participant of each assembly of this case, and it is unlawful to apply the general traffic obstruction to a simple participant of an assembly that deviates from a part of the reported scope.

In addition, the evidence submitted by the prosecutor alone that the defendant's act seriously interferes with traffic on the land or that the defendant committed a direct act causing traffic interference is proved to the extent that there is no reasonable doubt.

shall not be deemed to exist.

Nevertheless, the judgment of the court below which found all of the charges of this case guilty is erroneous by misapprehending legal principles and misapprehending facts, thereby affecting the conclusion of the judgment.

B. The sentence of the lower court (eight months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination (as to the assertion of misapprehension of legal principles and mistake of facts)

A. Even in cases where an assembly or demonstration is held on the road after completion of legitimate reports of the relevant legal principles, if such assembly or demonstration deviates significantly from the scope of the initial report or interferes with road traffic by seriously violating the conditions under Article 12 of the Assembly and Demonstration Act, thereby making it impossible or remarkably difficult to pass by interfering with general traffic.

However, it was remarkably deviating from the scope of the original report, or participating in an assembly and demonstration which make it impossible or considerably difficult to pass by interfering with road traffic by seriously violating the conditions under Article 12 of the Assembly and Demonstration Act.

The general traffic obstruction can not be established as a matter of course to all such participants.

Furthermore, a participant actually commits a direct act that causes interference with traffic by taking part in a significant deviation from the reported scope or a serious violation of the conditions as above, or, if not, the participant is considered to have been involved in the participation or the degree of involvement.