Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (as to interference with self-traffic on September 23, 2015), ① the Defendant was merely a simple participant in the relevant assembly, and the Defendant interfered with traffic on land in collusion with other participants in the assembly.

subsection (b) of this section.

② The Defendant did not know the scope of the report at the time of assembly to cause traffic interference by deviating from the scope of the report and took place mainly through delivery, and, at around 15:50, the Defendant went to a 10-minute road, which was pushed down to the police station around 10 minutes after hearing the dispersion order and warning, and was dissolved around 18:20. There was no intention to obstruct traffic.

③ The fundamental rights guaranteed by the Constitution may cause interference with traffic as a result of exercising the freedom of assembly.

The infringement of legal interests caused by the defendant's act is within the scope of the general public's obligation, and the illegality is excluded as it does not go against the social rules.

Nevertheless, the judgment of the court below which found the guilty of this part of the charged facts is erroneous in the misapprehension of legal principles.

2) The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Around September 23, 2015, the summary of the facts charged (the interference with the self-traffic of the people on September 23, 2015) held a meeting of the Korean Democratic Trade Union Federation of Workers (hereinafter referred to as the “Civil Union”) by gathering the Home Plus Trade Union and the Home Plus Branch in front of the public office located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu Seoul Special Metropolitan City

around 15:00 on September 23, 2015, the Defendant participated in the assembly of the “Resolution for Declaration of Total Derivatives” at around 15:00, and occupied approximately 5,000 seats from around 17:58 on the same day to the front of the Sejong Cultural Center.

Accordingly, the defendant in collusion with the above participants in the assembly will pass on the road.