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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (1) In the misapprehension of the legal doctrine, there is no relation between Defendant’s act and traffic obstruction, as the condition that traffic is impossible due to the installation of a tea wall.
Therefore, there was a misunderstanding of the legal principles on the existence of a person who interferes with general traffic.
(2) The sentence of the lower court (an amount of KRW 5 million) which is unfair in sentencing is too unreasonable.
B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.
2. Determination
A. Determination as to the Defendant’s assertion of misapprehension of the legal doctrine (the part concerning interference with general traffic on November 14, 2015) is an offense in which the general public’s protection of traffic safety is the legal interest, and the purpose of which is to punish all acts that make it impossible or considerably difficult to pass by causing damage to land, road, etc., or interfering with traffic by other means, and the general traffic obstruction is a so-called abstract dangerous offense that makes traffic impossible or considerably difficult, and the result of traffic interference should not be practically caused (see, e.g., Supreme Court Decisions 95Do1475, Sept. 15, 195; 2004Do7545, Oct. 28, 2005). Furthermore, in light of the legislative purport and legislative purport of the Assembly and Demonstration Act, in a case where a legitimate report is made and a legitimate assembly or demonstration is not made differently from the reported scope of the road, and thus, the assembly or demonstration has no choice but to be conducted within the reported scope.
Even if there are no special circumstances, it cannot be deemed that the general traffic obstruction under Article 185 of the Criminal Code is established, but the assembly or demonstration is considerably deviating from the scope of the original report or is subject to the conditions under the provisions of the law.