The prosecutor's appeal is dismissed.

In light of the purport of the prosecutor's appeal, the contents and illegality of the general public assembly of this case were reported several times to the media, and the defendant was aware of the fact that he had reported the above media reports and participated in the above assembly with the officers of the Busan City City City Council after contacting the C party Busan City City Council to which he belongs, and even if the order of dispersion was issued to the inventor, the inventor illegally occupied the road, although the defendant knew that the act of occupying the above road was illegal, the court below acquitted the defendant of the facts of driving on the road together with other participants. Thus, the court below erred by misunderstanding the facts or misunderstanding the legal principles.

Judgment

A. The summary of the facts charged in the instant case is C. Party members of Busan City Party and Busan City Party.

On November 14, 2015, at around 16:59, the Defendant: (a) occupied a road as Jongno-gu Seoul, Jongno-gu Postal Authority along with a person who was unable to participate in the “Public Vacancy Games” and was significantly difficult to flow a vehicle that passed through the road by occupying the road to the Jongno-gu Seoul Postal Authority and driving away to the private distance of the inside.

Accordingly, the defendant conspired with the participants in the demonstration and interfered with the traffic on the land through which the vehicles pass.

B. The lower court determined that the Defendant committed an act of interference with general traffic under the Criminal Act in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court.

It is difficult to see that there is no other evidence to acknowledge this, and thus, the charged facts of this case were acquitted.

1) Details of Article 185 of the Criminal Act and relation with “the freedom of assembly,” which is a fundamental right under the Constitution - interference with general traffic under Article 185 of the Criminal Act, is an offense involving the protection of the public’s legal interests, and thus, damage or collapse by land, etc.