All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of the facts and misapprehension of the legal principles do not have any fact that the reported assembly leads to the substantial escape of the route or the passage of the road significantly difficult.

Defendant was merely engaged in a simple progress at the above assembly and did not have a conspiracy to interfere with traffic with other participants in the assembly.

Rather, traffic interference is caused by the police's traffic control.

(2) The sentence of the lower court’s improper sentencing (an amount of one million won) is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. On May 17, 2014, the Defendant’s mistake of the fact, misapprehension of the legal doctrine, and misapprehension of the legal doctrine regarding traffic obstruction under Article 185 of the Criminal Act (1) is an offense for which the protection of general public’s legal interests is against traffic safety, and the purpose of punishing any act that makes it impossible or considerably difficult to pass through by causing damage to land, road, etc. or interfering with traffic by other means. The general traffic obstruction is a so-called abstract dangerous crime, which is impossible or considerably difficult to pass, and the traffic obstruction is not likely to result in actual traffic interference (see, e.g., Supreme Court Decision 2004Do7545, Oct. 28, 2005). In addition, in light of the provisions and legislative intent of the Assembly and Demonstration Act, in a case where legitimate reports have been completed on the road, it is inevitable to restrict traffic on the road, and thus, if such assembly or demonstration significantly deviates from the reported scope or does not deviate from the reported scope.

Even if there are no special circumstances, it cannot be deemed that the general traffic obstruction under Article 185 of the Criminal Code is established.