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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor with the summary of the grounds for appeal, the court below erred by misunderstanding facts or by misapprehending the legal principles, which affected the conclusion of the judgment, although the defendant could be recognized that the defendant conspired with other participants in other assemblies and interfere with the traffic of one-time roads and postal offices in Jongno-gu Seoul at the time
2. In light of the following circumstances revealed through the records of this case, the evidence submitted by the prosecutor alone that the Defendant, by significantly deviating from the reported scope of the assembly and demonstration of this case, took part in a serious violation of the conditions as to the assembly and demonstration of this case, led the Defendant to commit a direct act causing interference with traffic, or participated in the assembly and demonstration of this case as a joint principal offender of the conspiracy to interfere with general traffic, so that he can be held responsible for
The prior prosecutor's assertion on a different premise is without merit, and there is no other evidence to acknowledge it.
(1) Although the Defendant, at the time of the instant case, was the Head Office of the Korean Democratic Trade Union Federation N, there is no evidence to prove that the Defendant had known in advance the scope, conditions, etc. of the instant assembly and demonstration.
② At the time of the Defendant’s participation in the assembly and demonstration of this case, police officers had already installed a wall and obstructed and controlled the daily traffic.
③ There is no evidence to acknowledge that the Defendant, beyond simply taking part in the assembly and demonstration of this case, has committed a direct act that may cause interference with traffic by leading the assembly and demonstration of this case.
3. The Prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.