The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant, by misapprehending the legal principles, had already been placed in the police vehicle wall and had not been passed by the vehicle, was able to move along the flagpole and flag on the road, and did not have any intention but did not have any awareness that it would obstruct or interfere with the passage, and there was no direct act causing traffic interference, and there was no collusion with other participants in the assembly.

shall not be deemed to exist.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of judgment

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. In light of the provisions and legislative intent of the Act on Assembly and Demonstration regarding factual misunderstanding or the argument of misunderstanding the legal principles, in a case where an assembly or demonstration was conducted within the reported scope or was conducted differently from the reported contents, and where the reported scope was not remarkably deviating from the reported scope, the road traffic was obstructed thereby.

Even if there are no special circumstances, it cannot be deemed that general traffic obstruction under Article 185 of the Criminal Act is established, unless there are special circumstances. However, in a case where the assembly or demonstration considerably deviates from the scope of the original report, or interferes with road traffic significantly violating the conditions under the provisions of law, thereby making it impossible or remarkably difficult to pass through by interfering with road traffic, general traffic obstruction under Article 185 of the Criminal Act is established (see, e.g., Supreme Court Decision 2006Do755, Nov. 13, 2008). In addition, general traffic obstruction is a so-called abstract dangerous crime where traffic is impossible or considerably difficult, and the result of traffic obstruction is not practically caused (see Supreme Court Decision 2005Do755, Oct. 28, 2005).