All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In light of the following circumstances, Defendant 1’s mistake and misapprehension of the legal doctrine, the lower court found Defendant 1 guilty of the facts charged in the instant case and erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

A) The Defendant did not have any intention to obstruct traffic as a simple participant of the instant assembly, and did not conspired with other participants in the assembly to commit a crime of interference with general traffic with them, and did not have any functional control over them.

B) Since the Defendant had already installed a wall at the instant site before the police attended the assembly, the passage of the vehicle was completely controlled, it does not interfere with the traffic due to the Defendant’s participation in the assembly.

C) Article 157 subparag. 4 and Article 68 subparag. 3 subparag. 2 of the Road Traffic Act are special provisions under Article 185 of the Criminal Act that provide for general traffic obstruction, and as such, the crime of violation of the Road Traffic Act and the crime of interference with general traffic is in concurrence with the law, the above provision of the Road Traffic Act shall apply to this case.

2) The punishment sentenced by the lower court (2 million won in penalty) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. Determination

A. Determination as to the establishment of a general traffic obstruction crime under Article 185 of the Criminal Act (see, e.g., Supreme Court Decision 2004Do7545, Oct. 28, 2005). However, it cannot be said that a general traffic obstruction is established as a matter of course on the ground that a participant participated in an assembly and demonstration that substantially deviates from the reported scope and interfered with traffic, thereby causing traffic interference by taking part in a significant deviation from the reported scope or a significant violation of the conditions.