The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles) was aware that the Defendant participated in the instant assembly on which a legitimate report was filed, and was placed in front of the modern building as well as other citizens, with the knowledge that it was an active route for which the report was filed. There was no awareness that an assembly or demonstration was conducted by considerably deviating from the reported scope, and there was no awareness that the police had already been under control over traffic in the vicinity of the modern building before the Defendant arrives. As such, the Defendant had already installed a wall and had a traffic control over the traffic of the vehicle around the modern building.

shall not be deemed to exist.

In addition, the defendant's act is the exercise of fundamental rights according to the freedom of assembly guaranteed by the Constitution for the purpose of ascertaining the truth of the Sewol ferry case, and its illegality is excluded as it constitutes a justifiable act.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty.

2. Determination:

A. The purpose of interference with general traffic under Article 185 of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass through by destroying or infusing land, etc. or obstructing traffic by other means, and the interference with general traffic is so-called abstract dangerous crimes that traffic is impossible or considerably difficult, and the occurrence of the result of interference with traffic is not necessary (see, e.g., Supreme Court Decisions 95Do1475, Sept. 15, 1995; 2004Do7545, Oct. 28, 2005). In addition, in light of the provisions and legislative intent of the Assembly and Demonstration Act, a legitimate report is completed and a legitimate report is made on the road to any extent that the traffic on the road is restricted, and thus, the assembly or demonstration is conducted or made within the reported scope.