The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, as a simple participant of the assembly of this case, was merely a misunderstanding of facts and misapprehension of legal principles, and obstructed traffic by destroying, scaming, or other similar means under Article 185 of the Criminal Act by walking along the road following the assembly procession.

It can not be seen that there is no relation with a person after the passage of the surrounding road has been completely obstructed by the installation of the police's preemptive structure, and it does not constitute a case where the participants in the assembly can be punished as a joint principal offender in light of the background and degree of involvement of the defendant.

Nevertheless, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles, thereby affecting the conclusion of the judgment

B. The sentence of the lower court (six months of imprisonment and one year of suspended execution) against the illegal defendant in sentencing is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of the facts and legal principles, the purpose of the relevant legal principles is to punish all acts that make traffic impossible or remarkably difficult by damaging or passing through land, etc. or interfering with traffic by other means, and the obstruction of traffic in general is so-called abstract dangerous crimes that traffic is impossible or considerably difficult, and the result of traffic interference is not likely to occur (see, e.g., Supreme Court Decisions 95Do1475, Sept. 15, 1995; 2004Do7545, Oct. 28, 2005). However, it cannot be established as a matter of course on the ground that a person participating in an assembly and demonstration by remarkably deviating from the scope of the report, thereby obstructing traffic.