1. Of the lower judgment, the part concerning interference with the general traffic of the Plaintiff on June 16, 2012 shall be reversed.

A fine shall be imposed on the defendant 500.

1. Progression of litigation and scope of adjudication;

A. (1) The Defendant was prosecuted for the following facts: (a) violation of the Assembly and Demonstration Act; (b) interference with ordinary traffic on May 10, 2012; (c) interference with ordinary traffic on May 19, 2012; and (d) recognition of the first instance judgment as guilty on June 16, 2012, and sentenced to a fine of KRW 3 million upon conviction; (d) interference with ordinary traffic as of May 10, 2013; and (e) interference with ordinary traffic as of May 15, 2013; and (e) recognition of the second instance judgment as guilty, sentenced to a fine of KRW 2 million.

The Defendant appealed on the whole judgment of the lower court on the grounds of misconception of the facts, misunderstanding of the legal principles, and misunderstanding of the sentencing. Prior to the remanding of the case, the court below rejected the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal principles as to the violation of the Assembly and Demonstration Act and the general traffic obstruction on May 10, 2012, the general traffic obstruction on May 19, 2012, the Defendant’s mistake of and misapprehension of the legal principles as to the obstruction of ordinary traffic obstruction on May 10, 2013. Meanwhile, on June 16, 2012 and May 15, 2013, the lower court rejected the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal principles as to the obstruction of ordinary traffic obstruction. However, on the grounds that the indictment for part of the facts charged in the first instance judgment changed, and the crimes in the first instance and the second instance judgment were reversed and sentenced to a fine of KRW 15,201.

Article 28(1) of the Civil Act provides that “A public prosecutor shall submit a written appeal to the court of first instance on June 16, 2012, and only the prosecutor shall submit a written appeal to the court of first instance on June 15, 2012, for the misunderstanding of legal principles as to the acquittal portion of the Defendant’s (the general traffic obstruction on June 16, 2012, and the general traffic obstruction on May 15, 2013).”