The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. (1) In order to punish a legitimate assembly or demonstration as a obstruction of general traffic, the scope should be limited to cases where a situation of direct traffic damage occurs due to an assembly or demonstration, and the mere participant in an assembly or demonstration shall not be punished as a obstruction of general traffic, and traffic obstruction incidental to an assembly or demonstration shall not be punished as a crime of unbrupt punishment.

(2) The defendant did not have the awareness of intention or illegality of the general traffic obstruction.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 400,000) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. Regarding the assertion that the scope of punishment should be limited, the freedom of assembly or demonstration is guaranteed as prescribed by Article 21(1) of the Constitution, but in particular, in the case of an assembly or demonstration on the road, it is likely to conflict with the public’s traffic right or smooth traffic flow. In such a case, it is necessary to ensure the maximum freedom of assembly or demonstration and to ensure adequate balance so as not to infringe the public traffic right or smooth traffic flow order including public peace and order.

Therefore, in a case where a legitimate report is completed and an assembly or demonstration is conducted on the road, the traffic of the road is to be restricted. Thus, in a case where the assembly or demonstration was conducted within the reported scope or it was conducted differently from the reported contents, the general traffic obstruction under Article 185 of the Criminal Act shall not be deemed to be established, barring any special circumstance, even if the traffic obstruction was caused by such failure. However, the assembly or demonstration is considerably deviating from the reported scope or is made under Article 12 of the Assembly and Demonstration Act.