The defendant's appeal is dismissed.

1. The decision of this court on February 1, 200, on the following grounds of erroneous determination of the gist of the grounds for appeal and misapprehension of legal principles (the assembly of this case did not deviate significantly from the reported scope, and due to that, it cannot be deemed that the vehicle traffic was impossible or considerably difficult, and on the roads front of the entrance zone at the time, there was no intention to obstruct the traffic of the defendant who had arrived at that location later, because the vehicle traffic had already been occupied on the road prior to the entrance zone by the participants of the D organization assemblies.

A. (1) As to the assertion of mistake of facts, etc., in a case where an assembly or demonstration is conducted on the road after completing a lawful report, the road traffic is to be restricted. Thus, even if such assembly or demonstration was conducted within the reported scope or was conducted differently from the reported details, barring any special circumstance, it does not constitute a general traffic obstruction under Article 185 of the Criminal Act, barring any special circumstance, even though it was obstructed by the traffic of the road, unless there is a substantial deviation from the reported scope. However, the general traffic obstruction is established only when such assembly or demonstration significantly deviates from the reported scope, or seriously interferes with road traffic by seriously violating the conditions under Article 12 of the Assembly and Demonstration Act.

(2) In full view of the evidence duly admitted and examined by the first instance court and the first instance court in light of the legal principles as seen earlier (see, e.g., Supreme Court Decision 2006Do755, Nov. 13, 2008), the C Trade Union held an assembly in India on August 31, 2012 with regard to the resolution for the total strike of the C Workers in the instant case, and reported an assembly with a view to approximately 0.8 km in the direction of proceeding to the Seoul square, and the participants of the instant assembly including the Defendant et al. on August 8, 2012.