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The judgment below
Of June 16, 2012, the part concerning interference with ordinary traffic is reversed, and this part of the case is remanded.
Reasons
The grounds of appeal are examined.
1. The point of interference with general traffic on June 16, 2012;
A. Of the facts charged in the instant case, the summary of the obstruction of ordinary traffic by the Defendant from June 16, 2012 to June 16, 2012 is as follows: (a) the Defendant, along with other participants who participated in an assembly held by the Tranchisp countermeasures, etc. from June 16, 2012 to June 16:40, the Defendant obstructed the traffic of vehicles by moving 2 to the north door of the Jung-gu Seoul Jung-gu, Jung-gu, Jung-gu, Jung-gu, Seoul, through the vicinity of 398-1, Jung-gu, Jung-gu, Jung-gu, Seoul, to the north door of the Jung-gu, Jung-gu, Jung-gu, Seoul.
B. According to the reasoning of the lower judgment, the lower court is insufficient to readily conclude that the evidence submitted by the prosecutor alone alone makes it impossible or considerably difficult for the Defendant to pass a vehicle.
In light of the above facts charged, the judgment of the first instance court which convicted the above facts charged was reversed and acquitted.
(c)
However, we cannot accept the above determination by the court below for the following reasons.
(1) The purpose of interference with general traffic under Article 185 of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass by causing damage to or influence of land, etc., or interference with traffic by other means (see, e.g., Supreme Court Decision 2014Do1926, Jul. 10, 2014). The crime of interference with general traffic constitutes an abstract dangerous crime, and thus, the traffic is impossible or considerably difficult, and the result of traffic interference is not likely to occur (see, e.g., Supreme Court Decision 2006Do462, Dec. 14, 2007). (2) The following circumstances revealed by the evidence duly adopted by the court below, namely, ① the defendant participating in the "Game Games," and then excluded from other participants from the roadway from the roadway until June 16, 2012.