All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Since the Defendants participated in an assembly in a state where the road had already been occupied by the police, and without vehicle flow, the Defendants do not interfere with traffic even if they were driven on the road in such a state.

Furthermore, the Defendants were merely merely a simple participant and did not perform functional control necessary for the establishment of a co-principal.

B. Although the Constitutional Court ruled that the provision of the Assembly and Demonstration Act prohibiting outdoor assembly or demonstration at night is unconstitutional, it is unreasonable to uniformly punish the assembly or demonstration as a separate crime, which is inevitably accompanied by the general traffic obstruction.

C. The court below's decision on unfair sentencing (the fine of 700,000 won) is too unreasonable.

2. Determination

A. The following facts can be acknowledged in full view of the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts.

① On May 6, 2008, a civil society organization composed of 1,500 Korean Jindo Co., Ltd., and 1,500 Korean Co., Ltd. organized a “National Co., Ltd., who dissents from full import of U.S. beef at risk of

② On August 5, 2008, the meeting of countermeasures taken place from around 19:50 to around 19:50 on a candlelight meeting from around 19:50 to around 19:50 on the same day while 2,700 members of the meeting of countermeasures were present.

③ From 19:50 to 00:30 on August 6, 2008 on the same day, the aforementioned 2,700 lines were occupied and driven along, or conducted a demonstration with the police, by moving along the entire lanes, such as paper 1 street, paper 2 street, paper 2 street, and compost.

④ The Defendants participated in the demonstration, such as going outside of the road for relief at the time, but the Defendant A was arrested as a flagrant offender around 21:20 on the same day, around 23:00 on the same day.

In full view of the above facts and the situation of the demonstration recognized in accordance with the above evidence, and the circumstances leading up to the police’s control over the road, etc., the demonstration of this case is caused.