The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Although the Defendant was involved in the assembly, the Defendant did not recognize that the progress at the time was illegal by being excessive to a simple participant, and did not conspired to commit the crime of interference with general traffic.

B. The Defendant asserts that the sentence of the lower court is too unreasonable and unfair on the other hand, while the prosecutor asserts that it is too unfasible and unfair.

2. Determination

A. 1) In light of the legislative intent of the Act on Assembly and Demonstration, in a case where an assembly or demonstration was conducted within the reported scope or was conducted differently from the reported contents, thereby causing interference with road traffic.

Even if there are no special circumstances, it cannot be deemed that a general traffic obstruction under Article 185 of the Criminal Act is established. However, in a case where the assembly or demonstration considerably deviates from the scope of the original report, or substantially interferes with road traffic by seriously violating the conditions under the provisions of the Act, thereby making it impossible or considerably difficult to pass through, the assembly or demonstration constitutes a general traffic obstruction under Article 185 of the Criminal Act (see, e.g., Supreme Court Decision 2006Do755, Nov. 13, 2008). In such a case, the assembly or demonstration participating in the assembly or demonstration, which considerably deviates from the scope of the initial report, or seriously violates the conditions under Article 12 of the Assembly and Demonstration Act, making it impossible or considerably difficult to pass through, by interfering with road traffic.

As a matter of course, all such participants cannot be deemed to have interference with general traffic, and in fact, those participants have engaged in a direct act causing interference with traffic by participating in a significant deviation from the reported scope or a serious violation of the said conditions, or otherwise, the participants shall participate in the act.