Of the non-guilty portion against the Defendants, the lower court’s judgment on June 4, 2008 as to interference with general traffic and the lower judgment.

1. Summary of grounds for appeal;

A. Defendants 1) With respect to the violation of the Assembly and Demonstration Act, Defendants 1) had common grounds for appeal by the Defendants, before the Constitutional Court rendered a decision of unconstitutionality as to Article 10 of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) at the time of the instant appeal, there was an objective circumstance in which it is impossible to comply with the reporting procedures as prescribed in Article 6 of the Assembly and Demonstration Act, since outdoor assemblies at night were generally prohibited. Moreover, since the information officer who was stationed in the assembly site before each assembly site notified the police officer of the place, time, etc. of the assembly and demonstration and consulted, it shall be deemed that the report of assembly was filed.

B) Article 22(2) of the Assembly and Demonstration Act, which is a penal provision for holding an outdoor assembly without reporting the grounds for individual appeal by Defendant D and E, is premised on the fact that Defendant D and E is the organizer.

Y AD workers are deemed to be included in organizers, and Defendants D and E are workers of the AD room, and they were indicted to the purport that they are not the organizer of an outdoor assembly. However, Defendant D was the representative of YF as an organization participating in Y, and Defendant E was merely the representative of YD room, not the employee of YD room, and Defendant E also sent a society of assembly several times at the request of Y.

2) As to the obstruction of general traffic, the part of the obstruction of general traffic as of May 27, 2008 and May 30, 2008, which was found guilty by the lower court on the common grounds of appeal by the Defendants, is merely a partial and concurrently occupied road by the participants of the assembly, and thus, the passage of the vehicle was considerably difficult.

Now it can be seen that the part of the general traffic obstruction of the participants on May 31, 2008, the person on June 2, 2008, the person on June 3, 2008, the person on June 6, 2008, the person on June 6, 2008, the person on June 7, 2008, the person on June 20, and the person on June 20, 2008 has already passed the vehicle due to the train walls installed by the police forces or the police before the participants occupy the road.