All appeals filed by the defendant and prosecutor are dismissed.

1. The lower court found the Defendant not guilty of the violation of the Assembly and Demonstration Act of August 20, 201, as to the charge of interference with general traffic among several facts charged in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, and as to the charge of violation of the remaining Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”). Accordingly, the Defendant appealed only against the charge of violation of the Assembly and Demonstration Act of August 20, 201, among the non-guilty portion, and the prosecutor appealed only against the charge of violation of the Assembly and Demonstration Act of June 29, 2011.

Therefore, the scope of the trial of the party shall be limited to the guilty part of the judgment of the court below and the acquittal part of the violation of the Assembly and Demonstration Act of August 20, 201.

2. Summary of grounds for appeal;

A. In so doing, the lower court erred by misapprehending the legal doctrine as delineated below. (A) Article 185 of the Criminal Act provides for the method of damage, destruction, and influence as a form of general traffic obstruction, and the term “other methods” is limited to the use of means equivalent to damage, fluence, or others, and thus, it does not constitute “other methods” to use a human body itself.

B) Articles 157 subparag. 4 and 68(3)2 of the Road Traffic Act provide that “any act of lying, sitting, or standing on the road in a manner that obstructs traffic on the road” shall be punished by a fine not exceeding 200,000 won, penal detention, or minor fine, which is remarkably minor than the general traffic obstruction under the Criminal Act, and Article 23 of the Assembly and Demonstration Act provides for a more minor punishment than the general traffic obstruction under the Criminal Act when Article 23 of the Assembly and Demonstration Act causes serious traffic inconvenience. In light of the above, the above Road Traffic Act or the Assembly and Demonstration Act shall apply to any act of driving on the road in the form of an assembly or demonstration, and it shall not be punished by a general traffic obstruction under the Criminal Act.