The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. It does not constitute a general traffic obstruction, as it was impossible or considerably difficult to pass a vehicle due to the occupation and use of the Defendant’s roadway at the time of the mistake of facts, and thus, it does not constitute a general traffic obstruction.

B. It is not permissible to punish the Defendant, who is merely a simple participant in an assembly of legal principles, by applying general traffic obstruction to the purport of the Act on Assembly and Demonstration, which is a special law.

C. The Defendant’s act of political party has occupied roads in the process of exercising the freedom of assembly, and the result of traffic obstruction resulting therefrom is within the scope that the State and the third party should accept, and the Defendant’s act does not go against the social norms and thus is dismissed from illegality.

The sentence of an unreasonable sentencing sentence (700,000 won) by the lower court is too unreasonable.

2. Determination

A. The purpose of Article 185 of the Criminal Act is to prevent interference with general traffic under Article 185 of the Criminal Act in determining the assertion of mistake of facts is to damage or infusing land, road, etc., or to punish all acts which make it impossible or considerably difficult to pass by interfering with traffic by other means.

(see, e.g., Supreme Court Decision 2014Do1926, Jul. 10, 2014). Moreover, the crime of interference with general traffic constitutes a so-called abstract dangerous crime, and thus, the traffic is impossible or substantially difficult if a situation occurs, and the result of traffic interference is not practically necessary.

(See Supreme Court Decision 2006Do4662 Decided December 14, 2007, etc.). The following circumstances acknowledged by the evidence duly admitted and examined by the lower court, i.e., the Defendant, as indicated in the instant facts charged, participated in the “exercise of walking” as indicated in the instant facts charged, and along with other participants on June 16, 2012, is also adjacent to the high-priced level of correspondence separated from the low-priced level of correspondences.