The judgment below

The part against the Defendants is reversed in entirety.

Defendants are not guilty. The summary of the judgment is as follows.

1. Summary of grounds for appeal;

A. Defendant E, as a factual misunderstanding, asked the reporters who coverage the demonstration, was placed at the demonstration site, and did not intentionally negotiate with the participants in the demonstration with the intent to interfere with the general traffic since he did not have any participation in the demonstration itself, and did not occupy the road.

Defendant

B, G did not occupy the road in collusion with the participants of the demonstration who have been at the assembly site on the date and time stated in the facts constituting the crime in the original judgment, but did not interfere with the general traffic.

Nevertheless, the court below erred by misunderstanding the facts that found the Defendants guilty.

B. (1) Of the elements for organizing a general traffic obstruction under Article 185 of the Criminal Act, the term “other means” means the case where a person exercises a strong tangible power by causing an intentional and direct traffic obstruction or by threatening traffic safety through an act of causing damage or influence.

However, since the Defendants did not exercise such strong force, the Defendants did not constitute a crime of interference with general traffic.

(2) The illegality of the instant demonstration constitutes an act that does not violate a legitimate act or social norms in light of the social situation, motive, field circumstances, etc. at the time, and thus, is dismissed.

(c)

The sentence of the court below against the illegal defendants in sentencing is too unreasonable.

2. Determination

A. On November 15, 2008, around 15:30 on November 15, 2008, I mobilized those who participated in the candlelight assembly against the import of U.S. beef and held a large-scale assembly of the name “J” and held a large-scale assembly of candlelights and candlelights at night.

After the completion of the assembly of the plaza of Seoul Station in which approximately 800 people participated in the demonstration zone around 17:00 on November 15, 2008, the participants of the assembly shall be punished by spreading off in the city in Seoul, and some of them shall be directed on the roadway and delivery.