All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In the misapprehension of the legal principle, the Defendant had been on the front of the new road.

16:56 At the vicinity of the Yellow rogate and the steering boat, police buses have already been obstructed from around 16:30, and thus, the relationship between the Defendant’s act and the traffic obstruction cannot be acknowledged.

In addition, the defendant, as a simple participant of the meeting of this case, has committed a direct act causing traffic obstruction only by participating in the meeting of this case.

and there was a conspiracy with other participants in the assembly about the general traffic obstruction in light of the details of the participation or the degree of participation.

shall not be deemed to exist.

Nevertheless, the lower court’s judgment that found the Defendant guilty of the facts charged of the instant case erred by misapprehending the legal doctrine.

2) The sentence of the lower court (an amount of KRW 700,000) that is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misapprehension of the legal doctrine, in light of Article 6(1) of the Assembly and Demonstration Act and the legislative intent thereof, in a case where a lawful report is completed under the Assembly and Demonstration Act and an assembly or demonstration on the road is conducted on the road, the road traffic is restricted to a certain degree. Thus, in a case where the assembly or demonstration was conducted within the reported scope or it was conducted differently from the reported contents, if the reported scope is not considerably deviating from the reported scope, the road traffic was obstructed thereby.

Even if there are no special circumstances, it cannot be deemed that a crime of interference with general traffic under Article 185 of the Criminal Act is established.

However, if the assembly or demonstration significantly deviates from the scope of the original 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, it constitutes a crime of interference with general traffic.

this is the beginning.