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The prosecutor's appeal is dismissed.
Reasons
1. The defendant constitutes a crime of interference with general traffic, in light of the following: (a) acknowledged based on the evidence based on the summary of the grounds for appeal: (b) the defendant’s participation in the assembly and progress of the instant case; (c) the method of progress; and (d) whether the defendant is aware of illegal assemblies
Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous in the misunderstanding of facts and legal principles.
2. Determination
A. On September 22, 2015, 58 organizations, such as the Federation of the National Democratic Workers’ Unions, the Federation of Farmers’s Federation, the National Association of Residents, and the Gyeonggi-do Collaborative Society, decided to integrate each assembly on the basis of various major government issues, such as labor reform, history textbooks, and rice price decline, and announced “the headquarters for the studs of the studs, Seoul, and that “the head of the studs of the studs of the studs of the studs of the Republic of Korea,” “the head of the studs of the studs of the studs of the studs of the People’s Republic of Korea, and the head of the studs of the studs of the studs of the People’s Republic of Korea.” On November 14, 2015, declared that the studs of the st
전국 농민회 총연맹 회원들은 2015. 11. 14. 14:00 경 서울 중구 세종대로에 있는 남대문 앞에서 민중 총궐기 대회의 일환으로 전국 농민대회를 개최하고 한은 로타리 ⇒을 지로 입구⇒ 보신각 방향으로 행진을 마친 후, 민중 총궐기 대회에 참가한 약 32,000명의 성명 불상자들과 함께 행진이 금지된 광화문 광장( 청와대 방면 )으로 진출하기 위해 양방향 전 차로를 점거한 채 경찰과 충돌하였다.
The Defendant, as the president of the D, attended the National Farmers's Games held in front of the above southwest of 16:00 on the same day from around 17:30 to around 18:50 on the same day, putting approximately 32,00 meters away from the two directions to enter into a luminous plaza in which progress is prohibited, together with approximately 32,00 participants in the above assembly from the front of the entrance of the Gu Office, in front of the front door of Jongno-gu Seoul Metropolitan Government from around 17:30 to the front of 18:50.