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The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal by the defendant;
A. As to the violation of the Assembly and Demonstration Act 1), the Defendant was simply participating in a self-determination demonstration, but was at the site of the demonstration in order to engage in activities for human rights violation surveillance group after self-determination. 2) As to the charge of interference with general traffic, the facts charged in the instant case was not specified, and the Defendant cannot be deemed as a simple participant of the demonstration, and there was a orderly and implicit communication between the participants in the demonstration and the other participants in the demonstration to the extent that the co-principal was established.
B. The sentence imposed by the lower court on the Defendant (a fine of KRW 700,000) is too unreasonable.
2. Determination:
A. 1) The facts charged in this case are specified in detail in the time, place, and method of the crime constituting the element of general traffic obstruction and the violation of the Assembly and Demonstration Act, so that the specific facts meeting the element of the crime can be recognizable from other facts. In light of the nature of each of the above crimes, the general indication is unavoidable, and thus, the defendant's defense is not judged to have been infringed. Accordingly, this part of the defendant's assertion is rejected. According to the evidence duly adopted and investigated by the court below, on August 15, 2008, the 5,000 candlelight assembly took place in the front Dong-dong Seoul, Jung-gu, Seoul. At the time, the police ordered several times after the order was issued at around 20:0, but the participants of the demonstration refused to arrest some participants of the war at around 20:15, and the defendant started to participate in the police assembly from around the same day to the next 19:30 on the day when the police assembly was closed.