All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendants (misunderstanding of facts or misapprehension of legal principles) (1) did not recognize that the Defendants, as stated in the facts charged, occupied the lanes prior to the road in front of the 1,000 modern building with the participants in the assembly and did not take relief, and did not know that the Defendants were on the way to report and go together with other participants in the assembly, so they did not have an intention to obstruct general traffic by remarkably deviating from the scope of the report, and thus, did not have any intention to interfere with general traffic.

(2) Prior to the arrival of the Defendants on the front of the modern building, there was no vehicle traffic flow by the police prior to the arrival of the vehicles, and thus, there was no vehicle traffic flow by the participants in the assembly, such as the Defendants.

shall not be required to do so.

(3) The Defendants’ act constitutes a justifiable act, as it exercised fundamental rights based on the freedom of assembly guaranteed by the Constitution for the purpose of ascertaining the truth of the Sewol ferry case. Therefore, illegality is excluded.

B. The prosecutor (unfair sentencing) sentenced by the lower court to the Defendants (a fine of KRW 300,00,000, and fine of KRW 500,000) is too uneased and unreasonable.

2. Determination

A. (1) The purpose of the determination of the Defendants’ assertion is to punish the Defendants’ act of obstructing the general traffic safety under Article 185 of the Criminal Act, which is a crime that legally protects the general public’s traffic safety, such as destroying or infusing land, road, etc., or obstructs traffic by other means, thereby making it impossible or remarkably difficult for them to pass through. The crime of obstructing the general traffic safety is an abstract dangerous crime, which makes it impossible or considerably difficult for them to pass through, or is not a result of traffic obstruction (see, e.g., Supreme Court Decisions 95Do1475, Sept. 15, 1995; 2004Do7545, Oct. 28, 2005). In addition, the crime of obstructing the general traffic safety is an assembly and demonstration.