The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below found the Defendant guilty of the facts charged in this case, even though it can be sufficiently convicted of the charges, on the ground that the Defendant committed a direct act that leads to traffic obstruction by taking part in a significant deviation from the scope reported as to the assembly of this case or by taking part in a serious violation of the conditions, or by taking part in the process of the Defendant’s participation or the degree of involvement, etc.

2. Determination

A. The gist of the facts charged is that the Defendant is the secretary general of the Korea Democratic Trade Union under the Korean Democratic Trade Union Federation (hereinafter “National Union Federation”).

On September 22, 2015, 2015, the Korean Film Games was organized by 53 civil society organizations jointly and severally launched, such as the National Farmers' Federation against the labor price decline, the ratification of the Korea-China FTA, and the TPP accession, etc., and the Korean inventive solidarity against the 53 community organizations jointly and severally launched.

On November 14, 2015, the president of the headquarters for the strike of the general public divided into five sectors, such as labor (Seoul Square), farmers (Seoul Square), citizens (university) and young people (university in Manan Park), and the public (university in Manan Park), etc., and thereafter, the assembly was held at the relevant place, respectively. A total of 68,000 participants of the assembly by each sector, who did not report in advance, tried to enter into a e-gradic square by e-mailing the "lane Hadles" without reporting in advance, but the police, the police, and the police did not continue to proceed as soon as the e-gradic e-mail and the e-gradic e-mail in the building zone, etc. of the building.