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 doctrine, the Defendant had been at the place above, because, at the time of arrival of the assembly of this case as a simple participant, the vehicle had already been controlled by the police with a vehicle wall installed by the police.

Thus, the passage of a large road has become impossible or considerably difficult.

Therefore, the defendant's act was not the cause of traffic obstruction, and the defendant did not have the intention to commit the general traffic obstruction, and in light of the defendant's circumstances and degree of participation in the assembly of this case, the defendant cannot be held liable for the joint principal offender.

(2) The sentence sentenced by the lower court to the Defendant (2 million won) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. Determination

A. (1) As to the Defendant’s assertion of misunderstanding of the facts and legal principles, the purpose of the relevant legal doctrine is to punish all acts that make it impossible or considerably difficult to pass by causing damage to land, etc. or interference with traffic by other means, and the obstruction of traffic is so-called abstract dangerous crimes that the traffic is impossible or considerably difficult, and the occurrence of traffic interference does not necessarily require actual occurrence (see, e.g., Supreme Court Decisions 95Do1475, Sept. 15, 1995; 2004Do7545, Oct. 28, 2005). In addition, in light of the provisions and legislative intent of the Assembly and Demonstration Act and the legislative intent of the Assembly and Demonstration Act, in a case where a lawful report is made on the road, the assembly or demonstration is limited to any degree, and thus, the reported contents and scope of the assembly or demonstration has no choice but to be limited.