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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The defendant does not pay the above fine.
Reasons
1. The lower court convicted the Defendant of the instant facts charged.
As to the judgment of the court below, the defendant filed an appeal on the grounds of unfair sentencing, on the grounds of mistake of facts, misapprehension of legal principles, and unfair sentencing, and the prosecutor dismissed all the appeal filed by the defendant and the prosecutor before remand
The Defendant filed an appeal against the judgment of the party prior to remand. The Supreme Court reversed the judgment of the party prior to remand, and the case was remanded to the court of this case, on the grounds that the part of the judgment prior to remand which interfered with general traffic among the judgment of the party prior to remand was reversed, but the judgment of the court which rendered a single sentence on the part
2. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles have already been controlled by a vehicle as a simple participant of the instant assembly at the time of the instant assembly, and thus, the Defendant’s act did not constitute a cause for interference with traffic, and the Defendant did not have any intent to commit a general traffic obstruction. In addition, the Defendant cannot be held liable for co-principals to the Defendant in light of the circumstances and degree of participation in the instant assembly, etc. of the Defendant. Furthermore, there was no intention to refuse to comply with the dispersion order since the Defendant was unable to hear the dispersion order by the chief of the police station having jurisdiction over the Defendant due to a very extraordinary state at the time. 2) The punishment (a fine of KRW 1.5 million) sentenced by the lower court on unreasonable sentencing
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
3. Determination
A. Determination of misunderstanding of facts and misapprehension of legal principles as to the defendant's general traffic obstruction
In light of Article 6(1) and the legislative intent thereof, if an assembly or demonstration is conducted on the road after completing a legitimate report under the Assembly and Demonstration Act, the traffic of the road may be restricted.