The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the facts charged of this case, although the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which affected the conclusion of the judgment, even though the Defendant, as a simple participant at an assembly, was standing or was seated on the road, when the passage of the vehicle was completely obstructed due to the installation of a police wall.

B. The sentence of the lower court’s improper sentencing (300 million won) is too unreasonable.

2. Determination

A. The purpose of the crime of interference with general traffic under Article 185 of the Criminal Act, which is to protect the general public’s legal interests, is to punish all acts that make it impossible or considerably difficult to pass by causing damage to land, road, etc., or interfering with traffic by other means. The crime of interference with general traffic is an abstract dangerous offender, which makes it impossible or considerably difficult to pass by, and the occurrence of a situation where traffic is impossible or considerably difficult, and the result of traffic interference does not have to occur (see, e.g., Supreme Court Decision 2004Do7545, Oct. 28, 2005). In addition, in light of Article 6(1) and legislative intent of the Assembly and Demonstration Act, if an assembly or demonstration is completed on a legitimate road, the traffic of the road may be restricted to any extent. Thus, if the assembly or demonstration is conducted within the reported scope, or if it is considerably different from reported details, it is not interfered with the traffic.

Even if there are no special circumstances, it cannot be deemed that a crime of interference with general traffic under Article 185 of the Criminal Act is established.

However, the road is in violation of the terms and conditions under Article 12 of the Assembly and Demonstration Act, where the assembly or demonstration significantly deviates from the scope of the original report.