All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. At the time of the Defendant’s driving along the third class, the road was already obstructed by the police, and there was no fact that the Defendant had interfered with traffic.

The acts of defendants shall not constitute general traffic obstruction.

B. The lower court’s sentence (one million won of a fine) against the Defendant is too unhued and unjust.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. Article 185 of the Criminal Act provides, “A person who damages or destroys a road, waterway, or bridge or obstructs traffic by any other means shall be punished by imprisonment with prison labor for not more than ten years or by a fine not exceeding 15 million won.”

The purpose of general traffic obstruction is to punish not only damage or pass through land, etc., but also all acts making it impossible or remarkably difficult to pass through by interfering with traffic by other means, which are crimes of which the protection of the interest of general public’s traffic safety.

The freedom of assembly and demonstration is a fundamental right of the people guaranteed by the Constitution. Thus, in cases where general traffic obstruction is applied to the participants of assembly and demonstration, it may result in an unfair restriction on freedom of assembly and demonstration.

However, the general traffic obstruction is comprehensively provided as above. Considering the risk of direct infringement of the traffic safety of the general public in the event of an assembly or demonstration on the road, if the assembly or demonstration entails an act of traffic obstruction, it may constitute a general traffic obstruction, barring any special circumstances.

Participants who attend an assembly without reporting under the Assembly and Demonstration Act are driving along the lane.