We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the period of three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and legal principles: (a) The Defendant was present at a partial assembly related to candlelight assembly in 2008, and the Defendant did not have conspired with the participants in the assembly to hold an outdoor assembly or demonstration or to interfere with traffic; (b) the judgment of the first instance, which recognized the Defendant as a joint principal offender for the violation of the Assembly and Demonstration Act and the public participation in general traffic obstruction, is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment

② R, AA, CB, CM, DD, and DL, among general traffic obstructions found guilty by the first instance court, are only applicable to the partial road occupation and concurrently occupied vehicles, and thus, the vehicle traffic has become significantly difficult.

It cannot be seen that CGs, CXs, CTs, DFs, CVs, and EDs are already prevented the flow of vehicles due to police forces or police barriers, and therefore, the participants' demonstration does not result in traffic interference. R's driving on the road is legally reported in accordance with the Assembly and Demonstration Act (hereinafter referred to as the "Act") and therefore, it does not constitute a crime of interference with general traffic.

2) The first deliberation punishment (one year and two years of imprisonment, one year and three years of suspended execution) on the sentencing is too unreasonable.

B. Prosecutor 1) mismisunderstanding of the facts and misapprehension of the legal principles (as to the acquittal portion), the participants in an assembly were seriously in violation of the Assembly and Demonstration Act by holding an unreported unlawful assembly on the electric basis between two months, and the place is also the center of Seoul, with a large traffic demand and a large vehicle traffic flow, thereby occupying a part of the lane.

Even if the progress leads to a significant obstacle to traffic.

In full view of the facts that can be seen, and the fact that it is difficult to view it as a temporary occupation in consideration of the occupation time, it is remarkable for the large traffic due to each demonstration by DT persons, DV persons, EH persons, EM persons, EM persons, ET persons, FB persons, and EZ persons.